In a post-pandemic world, homeschooling in Georgia is more popular than ever. In 2015, the Georgia Department of Education documented approximately 59,000 homeschooling students within the state. By 2022, this figure had surged to 91,000.
It's not hard to see why the trend is emerging; homeschooling offers families greater flexibility and control over their children's education, allowing them to tailor learning experiences to individual needs and preferences. Many parents appreciate the ability to create a safe and supportive learning environment free from the distractions and challenges often encountered in traditional school settings.
Despite its growing popularity, homeschooling is not without its challenges and controversies. From legal requirements and curriculum choices to socialization concerns and access to resources, Georgia homeschoolers face a myriad of issues that require careful consideration and navigation.
As the landscape of education continues to evolve, it's essential for parents and policymakers alike to address these challenges proactively and ensure that all children have access to quality education opportunities, whether in traditional schools or homeschool settings. If your homeschooled child is having trouble receiving the services and support they need, it's important to remember your rights as parents.
The Lento Law Firm's Education Law Team can represent you when dealing with licensing boards, homeschool liaisons, co-ops, and more. Call 888.535.3686 now or tell us about your case online.
Georgia Compulsory Education Law
Maybe you're unhappy with the curriculum, how your child is treated at school, or simply the structure of government-funded education. Regardless, you'll have to formally withdraw your child from public school before you can physically remove them from classes.
It's important to inform both the state and local government when you decide to withdraw your child from public school. Georgia's compulsory education laws are strict. Code 20-2-690.1 says that kids from ages 6 to 16 have to go to school, whether it's public, private, or homeschool, unless they've finished high school. If a student over 16 wants to leave school before graduating, they need their parent or guardian's written permission. Before giving permission, the school has to meet with the student and their parent or guardian within two school days of getting notice that the student wants to leave.
Failing to follow the necessary legal procedures can lead to complications, particularly if children are homeschooled without adhering to these regulations. To comply, be sure to submit an annual Declaration of Intent to Utilize a Home Study Program to the Georgia Department of Education. This is the only form needed to begin homeschooling.
New Law Means Increased Scrutiny for Homeschool Families
Under a relatively new law in Georgia, parents who choose to homeschool their children voluntarily may face scrutiny from Children and Family Services. Homeschooling allows parents to have more control over their children's education and protects them from bullying and other dangers at school. However, there have been cases where homeschooled children faced greater risks, especially if there was abuse at home. The law aims to protect children from abuse, as there have been tragic cases where children were withdrawn from school and later found dead.
Child welfare advocates believe teachers and school staff play a key role in detecting and reporting abuse. The new law shortens the time parents have to declare homeschooling plans to 30 days, with the goal of providing more protection for children. However, these changes may cause legal issues for innocent parents who homeschool.
If parents fail to submit their declaration within the shortened time frame, Children and Family Services may visit their homes and conduct assessments, which can be invasive and damaging to a family's reputation. This process can also traumatize children and put parents' rights at risk.
Testing Requirements for Georgia Homeschools
As per the Georgia Department of Education (GDOE), students in home study programs must participate in a nationally standardized testing program overseen by someone knowledgeable in test administration and interpretation. These assessments should occur at least once every three years, starting from the end of the third grade, and records of these tests must be kept. It's important to note that tests such as the Georgia Milestones, End-of-Grade, and End-of-Courses Assessments do not qualify as nationally standardized tests. (For further details, refer to this link)
This requirement can be frustrating for parents who disagree with the role of standardized testing in modern education. However, adhering to the GDOE's guidelines is essential for compliance with state regulations governing homeschooling. While some may find this aspect of homeschooling regulations unnecessary, ensuring compliance helps maintain accountability and transparency in the education process. It's important for parents to stay informed about state requirements and explore alternative assessment options if they have concerns about standardized testing.
Homeschooling Young Athletes
In 2021, Georgia Governor Brian Kemp approved Senate Bill 42, also known as the Dexter Mosely Act, into law. This bill allows homeschooled students in grades six through 12 to join in extracurricular and interscholastic activities at their local public schools. Senator Bruce Thompson, who sponsored the bill, expressed his pride in its passing, highlighting that it took six years to come to fruition.
He emphasized that homeschooled students, who cover the same subjects as their peers in public schools, were previously barred from team sports solely because of their homeschooling status, despite their parents paying taxes that support public schools. With this new law, homeschooled students will now enjoy the same opportunities as their public school peers.
The one catch? Students must be homeschooled for at least one year before they are eligible to play. Laws like this emphasize the importance of record-keeping – without careful documentation of your child's homeschool history, they may be shut out of opportunities to play sports in Georgia.
Learning Pod Considerations
Many homeschool families find it easier to work together to educate their young scholars in learning pods. While there are certainly many benefits that come with this strategy, it's important that parents weigh their options before joining such a pod. In 2022, two churches in Cobb County, Georgia, were warned about building code violations as they hosted homeschooled students.
The Fire Marshal's Office notified two churches, Macland Baptist Church and Christ Episcopal Church, about complaints regarding their hosting of "private schools" without the required certificate of occupancy. This certificate is necessary for buildings holding classes with six or more students for more than 4 hours a day or 12 hours a week. The churches were instructed to obtain this certificate if they wished to continue hosting students.
Cobb County's spokesperson, Ross Cavitt, mentioned that the Fire Marshal's Office is assisting both churches to comply with regulations, emphasizing the importance of ensuring basic life and safety equipment in educational facilities.
However, the Institute for Justice argued that Cobb County's actions may violate a 2021 Georgia law that prohibits governments from restricting "learning pods," where parents organize group learning sessions for their children under the supervision of an instructor. Learning pods are exempt from certain building and fire codes. The Institute pointed out that churches already have certificates of occupancy for assembly to conduct services and Sunday school, questioning the need for additional regulations.
St. John The Baptist Hybrid, serving 97 homeschooled students, operated at Christ Episcopal Church and obtained a certificate of occupancy for assembly a year ago. The school administrator hopes that newly imposed regulations won't limit families' school choices.
The Rights of Special Education Homeschool Students
Homeschooled students in Georgia may qualify for free special education services offered by their school district. The state treats homeschooled students similarly to privately schooled students when determining access to these services. Parents are encouraged to contact their local district to inquire about available special education services and initiate the process of developing an Individualized Education Program (IEP) for their child.
Navigating the special education system as a homeschooling parent can be complex, but homeschooled students have rights under the Individuals with Disabilities Education Act (IDEA). This federal law ensures that all children with disabilities, including those who are homeschooled, have access to appropriate special education services and support. Parents should advocate for their child's needs and work closely with their school district to develop an IEP tailored to their child's unique learning requirements.
Additionally, families can seek guidance and support from local advocacy organizations and special education professionals to ensure that their homeschooled child receives the necessary accommodations and resources to succeed academically and thrive in their educational journey.
Dealing with Homeschool Liaisons
In Georgia, homeschool liaisons serve as points of contact between homeschooling families and their local school districts. These liaisons provide information about state homeschooling laws and regulations, assist families with compliance requirements, and offer support and resources to homeschooling parents.
Relationships with homeschool liaisons can be both beneficial and challenging for homeschooling families. On the one hand, liaisons can offer valuable guidance and assistance in understanding and fulfilling legal obligations related to homeschooling. They can help families stay informed about changes in state regulations, connect families with educational resources and support networks, and address any concerns or questions that arise throughout the homeschooling journey.
On the other hand, some homeschooling families may encounter difficulties or conflicts when dealing with homeschool liaisons. This could stem from misunderstandings about homeschooling laws and regulations, disagreements about educational philosophies or approaches, or challenges in communication between homeschooling families and liaisons.
If you find yourself in contention with your local homeschool liaison, you may want to retain legal counsel. The information shared with the liaison can be twisted and used against you in a child protective services case. It's important to understand your rights and responsibilities as a homeschooling parent and to navigate interactions with liaisons carefully.
Remember to communicate openly and transparently, seek clarification on any concerns or questions, and document all interactions with the liaison. By taking proactive steps and seeking legal guidance if necessary, you can protect your family's interests and ensure a positive homeschooling experience for your children.
Defend Your Right to Homeschool
As homeschooling continues to grow in popularity in Georgia, issues will inevitably arise. From legal requirements to socialization concerns and access to resources, homeschool families will need to be proactive in their mission to educate their children. As parents and policymakers navigate these issues, it's important to protect your rights and ensure your children have access to quality education opportunities.
The Lento Law Firm's Education Law Team can answer any questions you have about your right to homeschool and represent you should conflicts with authorities arise. We are dedicated to defending your rights and ensuring that you have the support and resources necessary to provide your children with a high-quality education.
Whether you're facing challenges related to compulsory education laws, dealing with regulatory changes affecting homeschoolers, or encountering difficulties with homeschool liaisons or other authorities, our experienced attorneys are here to help. We understand the complexities of homeschooling laws and regulations in Georgia, and we will work tirelessly to protect your interests and advocate for your rights. With our guidance, you can navigate the homeschooling journey with confidence and peace of mind.
Contact us today to learn more about how we can assist you in defending your right to homeschool. Call 888.535.3686 or get in touch online.
