The District of Columbia is a particularly compelling place for home-based education. In addition to a wealth of interesting, non-traditional educational opportunities available to children locally, a host of additional opportunities are only a short bus or train ride away. Yet, the Office of the State Superintendent of Education (OSSE) and The District of Columbia Public Schools (DCPS) are not always supportive of parental decisions to pursue homeschooling. Sometimes, the D.C. Department of Human Services (DHS) even questions whether homeschooling parents are neglecting their children by pursuing alternative approaches to education.
If you either want to provide your child with home-based instruction or you're already actively homeschooling, you may have concerns about pushback from DCPS, OSSE, and/or DHS. Whether you're trying to avoid pushback, you need to respond to it, or your child's rights are being compromised in any way, you and your family may benefit significantly from seeking personalized legal guidance and support.
If the idea of consulting an attorney about your situation is a little intimidating, know that the Student Defense Team at the Lento Law Firm regularly represents the interests of homeschooling families in Washington, D.C., and across the U.S. Every day, we manage challenges that are fairly straightforward and circumstances that are undeniably complex. No matter what you and your family are facing, we can help. Whether you need to negotiate an amicable resolution to a concern, appeal an unfair decision, or even take a particularly contentious matter to court, our team is equipped to support and guide your family as your situation evolves. Speak with our attorneys about your situation today by dialing 888-535-3686 or by reaching out to the Lento Law Firm online. Your concerns are important, and we're ready to pursue a favorable outcome regardless of your circumstances.
Evidence of Homeschooling Efforts Requirement
The OSSE defines homeschooling as a “private, parent/legal guardian-directed education program for children who are subject to the compulsory education laws in their state.” In Washington, D.C., minors aged 5-17 are required to receive an education in either a traditional or non-traditional setting. As part of this education, they must receive regular and thorough instruction in – at a minimum – the following subjects: mathematics, science, social studies, language arts, art, and music, in addition to health and physical education.
To better ensure that children are receiving the education to which they are entitled by law, the District requires parents who provide home instruction to maintain portfolios of their children's educational materials. These portfolios should reflect evidence of a child's learning in each required subject area – in addition to any others prioritized by their parent(s) – as this evidence will help to safeguard families against heightened scrutiny and risk of overreach by the OSSE and DHS. Each portfolio should feature work from the last 12 months.
If OSSE requests to review a portfolio, it must be made available accordingly. OSSE is required to make such a request in writing – at a minimum – 30 days before it tends to review the work. These kinds of reviews can take place either online or at a mutually agreeable in-person location, such as a local library. Once OSSE is through with its review process, it will provide the parent educator at issue with written feedback. If appropriate, the feedback may include notes about areas where the parent educator's child needs more support.
In some cases, OSSE will draft a corrective action plan to better ensure the success of the parent educator's efforts. A corrective action plan should contain actionable steps that a parent educator can implement in order to bolster their efforts and improve their child's experience and outcomes. They should not be weaponized in an effort to undercut a parent educator's ability to provide their child with a solid, thorough, and regular homeschool education. Yet, this is not unheard of. Should these review and corrective action processes raise significant questions about a child's education, our team can help to sort that frustrating situation out on behalf of their family.
Special Education Services
Interestingly, and in contrast with many other areas of the country, in the District of Columbia, students who have received specialized instruction as traditional enrollees in public school (and/or related services) generally lose their eligibility to continue receiving those services once they have been withdrawn from public school. This includes the right to receive special education services (sometimes referred to as free and appropriate public education or FAPE). There may be some exceptions made to this rule, however, so if you homeschool and you believe that your child is being denied access to services that they ought to receive, let us help you clarify your circumstances and make informed decisions accordingly.
Note, on the flip side, that if – at any time – you are interested in learning what kinds of special education services your child would be entitled to as a public school enrollee, you can request that information by connecting with DCPS to schedule an evaluation for those services.
Parent Educator Requirements
Some states have relatively strict eligibility and monitoring requirements for parents who want to homeschool their children. D.C. takes a fairly middle-of-the-road approach. Essentially, parents need to have a high school diploma or an equivalent degree before they can homeschool their kids. If this requirement isn't met, parents can petition the OSSE for a waiver from this requirement. In the petition, parents must detail why they are capable of providing their children with a “thorough and regular” education.
At least 15 business days before homeschooling instruction begins, a child's parent or legal guardian is required to complete a Notification of Intent to Homeschool. Every school year thereafter, parents must submit a Notification of Homeschool Continuation by August 15, prior to the start of the upcoming traditional academic year. Similarly, a Notification to Discontinuation (sic) Homeschooling must be submitted to the District at least 15 days prior to the finalization of a homeschooling program. Otherwise, parents can run into trouble with truancy issues. For as long as a student remains enrolled in a public school, they are subject to that school's truancy rules. And if they rack up unexcused absences during this transition period by receiving home instruction, the school district and/or DHS may get involved.
After the District has processed a family's Notification of Intent to Homeschool, if the child at issue is currently enrolled in a public school, the OSSE will provide that child's parents with a verification letter that must be submitted to the child's current school. That verification will serve as a transition notice to the school so that it can begin formally withdrawing the student at issue from the institution. Homeschooling can only begin once a student enrolled in public school has been formally withdrawn, as students cannot concurrently attend public school while being enrolled in a homeschool program in D.C. Some states located near the District have different policies, but in the District itself, students may only receive an education in one setting or another.
Should, at any point, you desire to enroll/re-enroll your child in public school after participating in homeschooling, the District will furnish you with a discontinuation letter after you've submitted your Notification to Discontinuation (sic) Homeschooling. The local public or public charter education agency (LEA) responsible for your child's ongoing education is required to provide you with information concerning the enrollment/re-enrollment process. You may, for example, be required to provide a school with your child's most recent homeschool portfolio, academic assessment results, etc. Your child may also be interviewed prior to admission.
If you are facing scrutiny because your required paperwork wasn't submitted, wasn't properly processed, got lost, or your family wasn't aware of the District's withdrawal and/or “singular education setting only” requirements, know that we can help. Our attorneys are skilled negotiators, and we will do our best to achieve an amicable resolution to your situation as efficiently and effectively as possible.
Rights of Kids Homeschooled in D.C.
As previously mentioned, students who are not enrolled in public schools are not generally entitled to any of the services provided by those institutions. Additionally, if a child is homeschooled in Washington D.C., they may not concurrently attend any classes in a traditional public school setting due to the District's “singular enrollment only” policy. However, there are some services that homeschooled children are entitled to take advantage of within the District. Should your homeschooled child have any trouble accessing the following opportunities, the Lento Law Firm's skilled Student Defense Team can help.
- Students who receive home instruction may be permitted to participate in sports opportunities through the public school district if they petition the DC State Athletic Association.
- If homeschooled students would like to participate in any of the statewide academic assessments regularly scheduled by the D.C. public schools, they may do so free of charge. This opportunity can help homeschool educators to monitor student progress.
- The Kids Ride Free travel benefits program is available to homeschooled children. This program allows for no-cost travel on the Metrobus, Metrorail, and the DC Circulator within the District. As public school children have their residency verified during the enrollment period, their enrollment serves as proof of their eligibility for the program. For homeschooled children, proof of residence and a government-issued ID card must be presented during the enrollment process.
Finally, the D.C. Public Library offers a number of different benefits to homeschool kids and homeschool educators. From librarian support to extended borrowing time, these opportunities can prove to be invaluable for some families. When applying for a D.C. Educator's Library Card, parents may need to verify that they are homeschooling their children.
When in Doubt, First Do Nothing
You are likely more protective of your children than of anyone else in your life. This is understandable, as you are the person most directly tasked with ensuring their health, well-being, and opportunity for happiness. As a result of your protective instincts, you may be – very understandably – tempted to escalate a situation that threatens your homeschooling intentions, the academic approaches that work well for your child, or their emotional, physical, and academic needs more generally. Yet, responding aggressively right away to frustrating circumstances is unlikely to secure you a favorable outcome to your situation. Instead, it is usually wise to secure personalized professional guidance and support when faced with such challenges.
This “when in doubt, first do nothing” approach can help to ensure that you don't unintentionally compromise any opportunities that may exist when it comes to reaching amicable solutions. Emotional reactions to scrutiny from local schools, the school district, D.C. “state” actors, and even DHS are wholly reasonable. However, it is generally best to process them thoughtfully before taking any action. That way, if our legal team is in a strong position to protect your child's interests in ways that don't require escalation, we can get you the results you want and need as quickly as possible without needing to do any of the kinds of so-called “damage control” that are sometimes necessary when parents lose their tempers before seeking support and guidance.
Legal Assistance Is Available
The Student Defense Team at the Lento Law Firm is proud to represent the interests of families that homeschool in Washington D.C. and throughout the U.S. Whether you live in the District or any bordering state, we're available to help with matters both large and small. Although few law firms intimately understand this area of law, we do. And while we never rest on our laurels, you can take comfort in the fact that our strong record of securing favorable results for our clients speaks for itself.
If you have questions or concerns about your rights as a homeschooling family, tell us about your needs today by calling 888-535-3686 or by contacting us online. We want your child to thrive, and we're ready to do what needs to be done to make that happen. We look forward to speaking with you.
