Dissecting Homeschool Law: Age for compulsory schooling

Note: This is part of a series I am writing about the actual application of the stipulations in the homeschooling regulations in the state of Maryland.

During a recent conversation, another homeschooling mom expressed concern about the increasing compulsory school attendance age. So, I perused the laws to put myself at ease. I don’t envision the upper limit being a problem for me because my child turns 18 during the summer after his senior year, although the lower limit could affect my daughter.

In July 2017, the compulsory age of attending school is increasing to 18. Last July, it was increased from 16 to 17. The school district has sent notices to homeschooling parents about this law changing multiple times over the last 2 years. The age requirement is not actually included in the homeschooling regulation linked above.  It is contained in the larger body of laws governing all education in the state, which can be found here. The law states that:

“except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 18 shall attend a public school regularly during the entire school year.” The exceptions include “a child under the age of 18 years who:

(1) has obtained a Maryland high school diploma, an equivalent out–of–state high school diploma, or a GED;

(2) is a student with disabilities and has completed the requirements for a Maryland high school certificate of completion;

(3) is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age;

(4) has completed an instruction program under item (3) of this subsection.”

Exceptions (3) and (4) together cover homeschooling. The wording in (3) is the exact same wording used in Maryland’s law for homeschooling. In my interpretation, there should not be any problem declaring that 17-year-old senior with a late birthday has completed his homeschool program. I can see how there may be issues if a parent tries to graduate a child earlier than that if the child has not completed a documented 13 years of K-12.

Another gray area I perceive in the law is the beginning of schooling at age 5. The school districts will only enroll children in kindergarten who turn 5 by September 1 (there is wiggle room to October 15, if the parent takes the child for gifted testing). So, any child born after that cut-off date has to wait until the next year to start school. However, the way the law way is written, it seems like on your child’s 5th birthday, bam, she needs to start school. There is an exception clause in the law that states “a child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child’s parent or guardian files a written request with the local school system asking that the child’s attendance be delayed due to the child’s level of maturity.”  Is every parent with a child born after September 1 really filing this request?  More likely, the “shall attend a public school regularly during the entire school year” means that there is a grace period that covers the time from September 2 to the end of that school year.

If you are interested in my other thoughts on Maryland homeschool law, please check out:

 

 

Dissecting Homeschool Law: 15-day waiting period

Note: This is part of a series I am writing about the actual application of the stipulations in the homeschooling regulations in the state of Maryland.

To begin homeschooling in this state, the regulations state the following:

“A parent or guardian who chooses to provide a home instruction program for his or her child shall initially sign a statement on a form prescribed by the State Department of Education which: … [s]hall be submitted to the local superintendent at least 15 days before the beginning of a home instruction program.”

What do those 15 days mean and who keeps track of them?  Are they calendar days or business days or even school days?  I assume the intent to allow time for the “local superintendent” to process the form. There is also no statement that the superintendent has to acknowledge receiving the form within those 15 days.  How would a parent know if the form got lost in the mail?

Does the child have to remain in school during those 15 days? If not and the child stays home immediately after the form is mailed, does that mean that the child is not allowed to be taught anything for 15 days?  Is this some attempt at legislating deschooling?  If the child is supposed to remain in school during that time, what about cases where that is not in the healthiest interest of the student?  We do not have a requirement of proving a certain number of days of attendance in homeschooling, so no one is actually counting back to that exact date 15 days from sending the letter.  So really, what is the point of this 15-day waiting period?

Here is the 15-day waiting period played out in my case.  I sent in my intent to homeschool at the end of May when my child was finishing the school year in public school.  That way, if I decided to start some kind of education at any point during the summer, I was covered.  It took until the middle of July for someone in the homeschooling office to send an email acknowledging receipt of my letter of intent.  That email stated that my child would be added to the homeschool enrollment in the next several weeks.  Then, sometime around the early part of August, I received my official letter from school district stating that I am homeschooling for that school year.  So, it took a good 2.5 months from the time I sent my intent to homeschool until I got an official acknowledgment that my child was not going to go to return to school in the fall.

The take-away from my experience is probably that if you plan on homeschooling the next school year, just wait until August to file the paper work.  I don’t know what happens when you file the notification form during the school year.  However, filing it at the end of a school year just confuses the minds that believe learning only happens between late August and early June. The school district does not care what happens during the summer anyway, because another stipulation of the law is that the education takes place “on a regular basis during the school year.”  That regulation will be part of my next article.