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Enlighten me about legality of co-ops and homeschooling children that are not yours.


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I am having a discussion with a lovely person (truly) who feels that it is illegal for anyone other than the parents or legal guardian. In other words, a homeschooling parent cannot homeschool a neighbor or friend's child and co-ops are technically skirting the law. She read it here - third paragraph from the bottom. I have been reading over the state requirements from this link

http://www.hslda.org/laws/ and so far, only WA has any language about the parents must be the only teachers. I haven't gotten through them all, so there may be more.

 

So, what say you? The person with whom I am having this discussion lives in Oregon, if that matters.

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In my state it is allowable and I know several people that have had another mom homeschool their child (for compensation). We are considered private schools in Illinois, so it's just one more student in that family's (tiny) private school.

I would think it would differ depending on state laws.

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This will depend entirely on the specific state.

 

In Ohio, that is somewhat true (for co-ops, it would really depend on how it was set up.) There was some trouble with a woman who was "homeschooling" a few other families' dc. In honesty, she had a small, unregulated school, and that isn't homeschooling; it falls under another part of the code and has its own set of requrements.

 

I've never heard of a case in Michigan. The spirit of the law is that homeschooling is reserved for parents schooling their own dc.

 

Most homeschool laws are to protect parents who want to homeschool their own dc. There are usually different laws for people who want to open very small schools (by taking in non-relative children.) Confusing the two certainly can't be good for homeschooling parents in the long run, imho.

Edited by angela in ohio
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So, what say you? The person with whom I am having this discussion lives in Oregon, if that matters.

 

There are a number of legal routes to this in PA, depending on the scenario, including the private tutor law. Our home ed law basically lets us mix-and-match instruction from all kinds of settings, with the parent ultimately responsible for the provision of the required instruction. Co-ops abound.

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In CA, if you file a PSA to homeschool, you're only supposed to homeschool your own kids.

 

 

Clarify this for me. When I look here one of the options is Option 3. The home school could have instruction provided by a certified private tutor

 

So if a parent was a certified private tutor under CA law, you couldn't homeschool another child?

 

(FWIW, I am not talking about taking in 15 kids, just one or two)

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Clarify this for me. When I look here one of the options is Option 3. The home school could have instruction provided by a certified private tutor

 

So if a parent was a certified private tutor under CA law, you couldn't homeschool another child?

 

(FWIW, I am not talking about taking in 15 kids, just one or two)

Technically, you would be tutoring the other child, not homeschooling him. Yes, you could do that, but under the tutoring exemption to public school attendance, there are other requirements (number of hours per day, certification at the high school level in each subject, etc.).

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One of our Georgia laws: 6."Parents or guardians may teach only their own children in the home study program... but the parents or guardians may employ a tutor who holds at least a high school diploma or GED to teach such children." � 20-2-690©(3). No specific amount of hours required for tutor to teach.

 

I would think a co-op teacher would fall under this requirement, especially if the bulk of time in the subject is spent with the parent and not the co-op class.

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TN requires that the instruction be directed by the parent, and everything I've read says that it's perfectly legal to utilize co-ops, paid classes, teach a class for a few homeschoolers at a local church, or so on. What you can't do is officially file paperwork as the homeschooling parent for kids who aren't yours legally-the parent is still legally required to do that themselves, and it is the parent who would be held responsible should educational neglect be found to have occurred/be occurring. Oh, and our homeschool group DOES have an attorney parent who read the most recent laws in detail and gave us a presentation and summary on them as a lawyer. (With all the usual caveats lawyers always give). Foster parents usually cannot homeschool their foster children, and divorced parents can run into issues if they want to homeschool and if the other parent doesn't want the child homeschooled.

 

I imagine that if you took out an ad looking for kids to teach all day, every day, as opposed to just teaching a single class, you'd be considered to be running a school, and that this would be restricted.

Edited by dmmetler
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On my phone, so I hope this works: http://www.hsc.org/legalprivateschooloption.php#afteroct15

 

Look under subheading G. The tutoring option is different than the PSA. I believe if you have a credential, you can be hired to teach anyone's kids.

Yes, you may. However, that doesn't mean that you can't teach other children if you have filed a private school affidavit.

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Maryland law is explicit that the parents are the ones that must educate their children. That doesn't negate co-ops, classes at the nature center, tutoring or even dual-enrollment at the local community college. It simply means you cannot hire a private teacher to come and educate your children in your stead.

 

My kids have done co-op classes, private language and music classes, homeschool PE swimming classes at our Y... All perfectly acceptable.

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Maryland law is explicit that the parents are the ones that must educate their children. That doesn't negate co-ops, classes at the nature center, tutoring or even dual-enrollment at the local community college. It simply means you cannot hire a private teacher to come and educate your children in your stead.

 

My kids have done co-op classes, private language and music classes, homeschool PE swimming classes at our Y... All perfectly acceptable.

 

 

Where did you read this? I've read copies of the MD law and I don't see that anywhere.

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I am having a discussion with a lovely person (truly) who feels that it is illegal for anyone other than the parents or legal guardian

 

Actually, if she is going to listen to that specific website, this is from that specific paragraph you mentioned: "Sometimes local daycare providers are willing to take school-aged children and to follow through with educational plans provided by the parent, but YOU must be the homeschool on record legally, and to be on top of what education your day care provider is giving." I interpret this to mean that homeschooling parents CAN have help but that they are still ultimately responsible. I think your friend was interpreting that paragraph a little harshly.

 

BTW, out of curiousity, is this a new homeschooler or even a non-homeschooler? In my first year, I was hyper-focused on every tiny detail of the law and of the way I was homeschooling my son. I even went beyond what was needed because I was scared of doing something wrong and having the 'homeschool police' show up on my doorstep. :D I became more relaxed over the next couple of years. After 11 years of homeschooling, I don't even think about those things anymore. Oh well!

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In NC, a homeschool can be made up of children from two families, but not more than two. The parent (or homeschool teacher, if it's a 2-family homeschool) must be the primary teacher for all core subjects. For this reason, most co-ops meet only one day a week. The presumption is that the co-op teacher (for core subjects) is assisting, facilitating, or supplementing, but most of the teaching takes place at home.

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Where did you read this? I've read copies of the MD law and I don't see that anywhere.

 

I'm sorry. It's on their FAQ page at MSDE.

 

Eta: As I understand it, the verbiage in the law that only states "parent or legal guardian" defines that parents (or legal guardians) alone are the primary educators. If there were other allowances under the law, those would be stated.

Edited by MyCrazyHouse
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I'm sorry. It's on their FAQ page at MSDE.

 

Eta: As I understand it, the verbiage in the law that only states "parent or legal guardian" defines that parents (or legal guardians) alone are the primary educators. If there were other allowances under the law, those would be stated.

 

 

Thanks! I read the actual law that the Dept. of Ed quotes and I can't find that language in there. It would be interesting to see what a lawyer that is not affiliated with the MD Dept. of Ed would say about it.

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Actually, if she is going to listen to that specific website, this is from that specific paragraph you mentioned: "Sometimes local daycare providers are willing to take school-aged children and to follow through with educational plans provided by the parent, but YOU must be the homeschool on record legally, and to be on top of what education your day care provider is giving." I interpret this to mean that homeschooling parents CAN have help but that they are still ultimately responsible. I think your friend was interpreting that paragraph a little harshly.

 

BTW, out of curiousity, is this a new homeschooler or even a non-homeschooler? In my first year, I was hyper-focused on every tiny detail of the law and of the way I was homeschooling my son. I even went beyond what was needed because I was scared of doing something wrong and having the 'homeschool police' show up on my doorstep. :D I became more relaxed over the next couple of years. After 11 years of homeschooling, I don't even think about those things anymore. Oh well!

 

Once a homeschooler (1 year), not currently homeschooling, but may again.

:D

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