Homeschooling is an increasingly attractive option for many parents in the US, and most states have legal frameworks that encourage it. However, Rhode Island is an exception. Rhode Island is the only US state requiring the local school district to approve individual homeschooling curriculums. Rhode Island also requires attendance that matches public school requirements and an “approved” plan to evaluate how homeschooled students are progressing. For this reason, Rhode Island parents are some of the most likely to face legal issues when homeschooling their children.
The Lento Law Firm Are Experienced Homeschool Attorneys
The Lento Law Firm Education Defense Team is here to advocate for and support homeschooling parents or guardians. Whether you are having issues obtaining committee approval of your curriculum, being denied the right to participate in extracurricular activities, or having issues related to special education services, we can help. The Lento Law Firm can lessen the burden of legal issues so you can concentrate on teaching your children. Call 888.535.3686 or provide your details online, and we will contact you.
Rhode Island Compulsory Education Law and Homeschooling
Rhode Island law requires homeschools to obtain the approval of a committee in their resident school district prior to commencing home-schooling. A homeschool parent is required to comply with the same requirements as any private school, including:
- The number of hours of attendance at a homeschool must be substantially equal to public schools.
- Homeschool parents must keep detailed records and provide these records to the school committee.
- Homeschool parents must keep attendance registers and provide them to the school committee, the superintendent of schools, and the state department of education.
- The homeschool curriculum must include the required subjects and must be approved by the school committee.
- The homeschool curriculum must be taught in the English language.
- A parent may appeal the decisions of the local school committee to the state department of education, who must provide a hearing and other due process to the parent.
These requirements are not minor, and they may provide local schools the ability to harass and limit homeschoolers. Homeschoolers have the option of appeal, however, and may need to take legal action to protect their rights to present a particular curriculum or to participate in extracurricular activities.
Rhode Island Homeschool Statistics
The Johns Hopkins Institute for Education policy has the following observations on homeschooling in Rhode Island:
- 4.4% of Rhode Island families were homeschooled in 2020.
- 2.2% of Rhode Island K-12 students were homeschooled in 2022-23.
- Homeschool participation is lower in Rhode Island than in other states.
- Homeschool participation would be higher if more homeschoolers could participate in extracurricular activities or sports.
Requirements to Homeschool in Rhode Island
Rhode Island law provides a legal scheme and requirements for homeschooling, including the following steps parents must take:
Step One: File Notice of Intent to Homeschool
Rhode Island law requires that parents notify the school committee in their local public school district of their intent to homeschool. The notice of intent must include an assurance that the parent will teach subjects required by Rhode Island law and will provide instruction for the same number of days as a public school. The Lento Law Firm can assist Rhode Island parents with filing a notice of intent to homeschool.
Step Two: Plan a Curriculum of Required Subjects
Rhode Island law requires that a curriculum include the following mandatory subjects:
- Reading.
- Writing.
- Geography
- Arithmetic.
- History of the United States and Rhode Island.
- American government and Rhode Island government, beginning in fourth grade.
- Health and physical education.
- The U.S. Constitution and Rhode Island Constitution, beginning in high school.
Rhode Island law provides more power to the public schools to interfere and force curriculum changes than any other state.
If you face pressure to alter your homeschool plan from your local school committee, call the Lento Law Firm.
Step Three: Keep Records of Attendance and Hours of Instruction.
As a homeschool parent in Rhode Island, you must keep attendance registers in a way similar to public schools. Additionally, you must keep a record of the days and hours which you provide instruction. A local school committee may force RI parents to comply with a schedule substantially similar to the public school. Rhode Island homeschoolers must keep these records and be prepared to provide them to the school committee or other state agencies or authorities. If you have been homeschooling for some time and lack some records, call the Lento Law Firm. We can negotiate on your behalf and establish your homeschooling credentials.
Testing Requirements for Rhode Island Homeschools
The school committee and the parent must agree on what testing will be required of homeschooled students. This agreement should specify where testing will take place. This requirement may present a problem for parents who don't wish their children to undergo standardized testing. Additionally, the local school committee may use this mandatory testing requirement to harass and undermine a homeschooling parent. The best course of action is to have an experienced homeschool attorney as you negotiate with the school committee. But even if you have had a homeschool in place for some time, you can renegotiate the terms of homeschooling, including testing. The local school committee may not be receptive to changes or challenges to standardized testing. The Lento Law Firm can negotiate on your behalf and help restore a balance of power between you and the school committee.
Homeschooling Access to Programs and Athletics
The Rhode Island Department of Education has published the following statement as to homeschooling access to extracurricular activities:
While the Commissioner of Education has encouraged all school districts to allow participation when space is available, each school committee has the authority to decide whether to allow a home-schooled child to participate in public school programs and extra-curricular activities. Additional requirements must be met by children who wish to participate in Rhode Island Interscholastic League athletic programs.
This policy is problematic for homeschooled students across Rhode Island. First, the policy appears to provide the power to deny homeschoolers access to public school programs and activities. The policy does say that the Commissioner of Education encourages public schools to grant access to programs and activities to homeschoolers. However, it does not require public schools to provide access, and it does not even require good cause for the school to deny access.
As a Rhode Island parent of a student who wishes to compete in a sport or play in an orchestra or band, you are in a difficult spot. A homeschooled family denied involvement in a public-school sport, band, or other program must appeal this issue to the Department of Education. Rhode Island law does state that the Department of Education must provide a hearing to an aggrieved homeschool parent. If your local school committee denies you access to extracurricular activities, call the Lento Law Firm immediately. Involvement in these activities has deadlines, and it is easy to miss a year of a sport or other activity. The Lento Law Firm can advocate for access to sports teams, bands, and other activities in public schools without changing your homeschool status.
Enrollment for a Single Course or Program
Just as the Rhode Island Department of Education policy appears to give the local school the power to deny participation in extracurricular activities, it also allows the school to limit access to classes or courses. A homeschooled parent may struggle to teach a particular course, such as calculus or other advanced classes. In this situation, a homeschooler might want to take a single course at the local high school. Rhode Island policy appears to give schools the option of turning down a request to take a particular course or placing additional requirements in some instances.
Once again, your first step is to ask for access and to appeal a lack of access if the school says “no.” Because Rhode Island policy gives so much discretion to the local school, you might wish to retain counsel before requesting access to courses or programs. The Lento Law Firm can advocate for you, advise you on school access issues, and represent you in the appeal if necessary.
The Rights of Disabled Homeschool Students
Many parents of disabled students find homeschooling to be a better option than public or private school. They may be dissatisfied with the quality of local schools, or they may simply feel that they are better equipped to teach their child. Unfortunately, children with disabilities are sometimes singled out for bullying and mistreatment in public schools. Even if your child is homeschooled, they may need special education services. Rhode Island law requires the parent of a disabled student to work with the local school committee to get special education services.
Even if the committee argues that your homeschooled child is not entitled to special education services, federal law requires schools to provide equitable services and to set money aside to fund them. This is a very complicated area of the law, and there may be strategies that will help you receive more services. The experienced special education attorneys at the Lento Law Firm can help you navigate the process and receive all the services your child is entitled to.
Graduation from Homeschool in Rhode Island
When a Rhode Island homeschooled student has completed high school, they do not receive the same diploma as traditional students. The Rhode Island Department of Education urges homeschoolers to take the GED exam instead. This may feel like a “slap in the face” after instructing your child for over a decade. While the Rhode Island Department implies that you cannot provide a diploma to your student, this is not the case. Additionally, colleges will not necessarily need a GED to admit your child.
From Homeschool to College
Many Rhode Island homeschooled students will opt to continue to college or university study. Many prestigious colleges appreciate the contributions of home-schooled graduates to their student bodies. If, however, you face less enlightened college admissions offices, give the Lento Law Firm a call. Your child may need to take the ACT or SAT exam, just as students who graduated from public school must do. A college may question your transcript or whether you have taught a prerequisite class. Homeschooled students often need to advocate for themselves in college admissions, but this is sometimes difficult. If you are meeting obstacles in enrolling your student in a college or university, call the Lento Law Firm. We can advocate for you and negotiate for the best possible outcome for your child. Don't give up—your child's future is on the line, and the Lento Law Firm is here to help.
You Have a Right to Homeschool. Defend It.
As more Rhode Island parents opt to homeschool, more issues arise. While Rhode Island is not a friendly and accommodating state to homeschoolers under the law, you can still do this. The state will put obstacles and requirements in your path. Negotiating with schools and public agencies can be very difficult without an attorney. If you live in a close-knit or small community, you may know the school committee members personally. The Lento Law Firm can take the heat off you and place it on the school and its obligations to your child. We understand that school activities like sports are time urgent, and that you need to address homeschool issues quickly to protect your children. As soon as you meet with resistance or difficulty, call the Lento Law Firm. We are dedicated to protecting the rights of Rhode Island families and homeschool families throughout the country. The Lento Law Firm is experienced with both homeschooling and special education issues, and we can advise you of your best options while you navigate the process.
Whether you live in Providence, Warwick, Cranston, Pawtucket, or elsewhere in Rhode Island, the Lento Law Firm can advise you and defend your rights. Experienced legal assistance with the homeschooling process is an investment in your child's future. Call the Lento Law Firm today to discuss your options and learn how we can help homeschooling families. Call 888.535.3686 or provide your details online, and we will contact you.
