Insights into Homeschooling in Maryland: Legal Challenges and Practical Solutions

A record number of Maryland families are opting to homeschool their children. Since 2019, there's been nearly a 62 percent increase. With more than 44,000 homeschooled children in the state, families are exploring alternative educational options to meet their children's needs and preferences. This surge in homeschooling reflects a growing trend toward personalized and flexible learning experiences.

While homeschooling is gaining momentum, it brings along its share of challenges and controversies. Families embarking on this educational path encounter a range of hurdles, from navigating legal obligations and selecting suitable curricula to addressing socialization worries and accessing support resources. Negotiating these complexities requires thoughtful consideration and strategic navigation for homeschoolers across the state.

As education undergoes transformation in Maryland, it's crucial for both parents and policymakers to confront these challenges head-on, guaranteeing equitable access to high-quality educational options for all children. If your homeschooled child encounters difficulties in accessing necessary services and support, it's important to assert your rights as parents and advocate for their needs.

The Education Law Team at the Lento Law Firm is here to support you in matters involving licensing boards, homeschool liaisons, co-ops, and beyond. Contact us today at 888.535.3686 or share details about your case online.

Maryland's Homeschool Law

Maryland statutory law defines homeschooling as "regular, comprehensive instruction throughout the school year in subjects typically taught in public schools to children of similar age." Maryland regulations identify homeschooling as a "home instruction program." There are a few legal options available for homeschooling.

Many parents opt to homeschool under the portfolio option. They file a Notice of Consent form with the superintendent, indicating the legal option under which they are homeschooling. They teach required subjects and maintain a portfolio comprising instructional materials, reading materials, and examples of their child's work. They must also respond to the superintendent's requests to review the portfolio, typically conducted once or twice a year.

Homeschooling through the church umbrella option is another common choice. This entails an educational program administered by a church organization. There are church-exempt umbrella options, too. To opt for homeschooling under the state-approved school umbrella, a designated teacher from the local school will be assigned to aid the home educator. Their responsibilities include issuing progress reports, assessing papers, and grading tests.

Maryland homeschool laws can provide further insight into requirements for families.

Supervision Requirements for Homeschool Families in Maryland

If a parent or guardian decides to teach their child at home in Maryland, they need to have their teaching reviewed by the local school system. They may also be supervised by a nonpublic school approved by the Maryland State Department of Education or by a nonpublic school exempted by a church. A church organization offering an educational program may also serve as a supervisor.

The person reviewing the homeschooling may ask to see materials that show the parent or guardian is teaching regularly and thoroughly during the school year in required subjects. These materials could include things like teaching tools, books, and examples of the child's work, like writing samples, worksheets, and tests.

This list isn't everything, though, so parents can include other relevant materials as long as they show regular and thorough teaching. Reviews happen at the end of each semester, with a limit of three per year. The parent or guardian needs to agree to let someone from the local school system review the materials and discuss the teaching program, but the review will happen at a time and place that works for both parties.

Recordkeeping Best Practices for Homeschool Families

Homeschooling families in Maryland who opt for the portfolio option are responsible for maintaining their own records. These records should encompass details such as attendance, examples of student work, grades, and any relevant information.

Alternatively, those selecting the other two homeschooling options can benefit from the church or umbrella school's assistance in managing and providing records and progress reports.

Umbrella Schools

An umbrella or cover school offers parents an alternative means of meeting government-mandated educational standards and obligations. These schools typically provide a range of services, such as curriculum options, social events, field trips, standardized testing, portfolio assessments, evaluations, and graduation materials, including diplomas. Despite catering to homeschooling families, umbrella schools are generally classified as private schools.

The majority of umbrella schools don't offer teaching materials or lessons. Instead, they usually ask parents to send in things like student grades. However, many of these schools don't check how well students are doing or make sure the education being given is up to standard. This can lead to increased scrutiny from the state on how a child is being educated.

Handling Homeschool Liaisons

In Maryland, homeschooling families engage with their local school districts through designated liaisons. These liaisons play an essential role by providing information on state homeschooling laws and regulations, assisting families in meeting compliance requirements, and offering support and resources to parents.

Interactions with homeschool liaisons can be both advantageous and challenging. On one hand, liaisons offer valuable assistance in navigating legal obligations and staying updated on regulatory changes. They facilitate access to educational resources and support networks and address concerns that arise during homeschooling.

However, some families may encounter difficulties with liaisons due to misunderstandings about homeschooling laws, differing educational philosophies, or communication challenges.

Should conflicts arise, seeking legal counsel may be wise, especially considering the potential implications of interactions with liaisons. It's essential to understand your rights and responsibilities as a homeschooling parent, communicate effectively, seek clarification when needed, and document all interactions with liaisons. By taking proactive measures and seeking appropriate guidance, families can safeguard their interests and ensure a positive homeschooling experience for their children.

What Standardized Tests Are Homeschooled Students Required to Take in Maryland?

In Maryland, homeschooled students are not mandated to participate in standardized tests conducted in public and nonpublic schools. Nonetheless, homeschooled students have the option to take these tests free of charge. To do so, parents need to reach out to their local public school to arrange participation for their homeschooled child in standardized testing.

Can a Homeschooled Student Participate in Interscholastic Athletics in Maryland?

The issue of homeschoolers participating in public school sports teams remains a divisive topic in the homeschooling community. Proponents argue that homeschooled children should have the chance to compete with their peers, often citing their status as taxpayers and the potential for college sports scholarships.

On the other hand, opponents believe that publicly funded school activities should be exclusive to enrolled students, expressing concerns about potential regulatory changes and increased compliance requirements for homeschooling families.

Maryland law regulates participation in public high school sports, with oversight by the Maryland Public Secondary Schools Athletic Association (MPSSAA). MPSSAA establishes strict rules for public school sports teams, including prohibiting nonpublic school students, including homeschoolers, from participating in public school sports programs or joining MPSSAA.

Are There Any Vaccine Requirements for Homeschool Students in Maryland?

In Maryland, homeschool students are exempt from adhering to immunization requirements. While public and private schools must comply with the state's immunization guidelines, homeschool students who are not classified as private school attendees are not obligated to follow these standards.

Challenges Faced by Special Education Homeschool Students

In Maryland, public schools aren't required by federal or state laws to offer special education services to homeschooled kids, except for initial evaluations to find out if they need help. But there's also no law saying schools can't offer these services. It's up to each school's principal to decide whether to provide special education services to homeschooled students.

Maryland treats homeschooling like private schooling, which means kids with disabilities who are homeschooled get the same treatment as other private school kids with disabilities. This usually means they won't get special education services. And if they do, it might not be the same level of support they'd get in a public school.

Dealing with Deficiency Notices from the Local School System

When a homeschool liaison finds that a child's homeschooling isn't following the rules during a review or portfolio check, they'll tell the parent or guardian in writing what's wrong. Within 30 days, the parent or guardian needs to show proof that they're fixing the problem. If they can't provide enough proof, the child will have to start going to either a public or private school.

Unfortunately, there is no formal way to dispute the findings of a homeschool liaison. It is up to parents to go to bat for their children and advocate for their best interests. In some situations, a education lawyer may be needed – the Lento Law Firm's Education Law Team has experience in navigating educational laws and regulations, which can be complex and challenging for parents to navigate on their own.

Fighting Government Overreach

In 2022, a bill to create a home school advisory council in the Maryland Department of Education was introduced. The goal of the council was “to gather information on the needs of home-school parents and homeschool umbrella schools and advise the State Superintendent of Schools, the State Board of Education, the General Assembly, and the Governor on matters relating to home schooling; and generally relating to the Maryland Homeschool Advisory Council.”

Delegate Daniel L. Cox emphasized that the vast majority of homeschooling families, regardless of political affiliation, simply want a quality education for their children without undue state intervention. Cox argued that the proposed bill would involve the state and third-party entities in gathering information on families and programs, potentially leading to interference and reporting to the state.

The bill has been referred to the House's Ways and Means Committee for additional review and revision before it can proceed to the floor for a vote.

Get Guidance on Maryland Homeschooling from The Lento Law Firm's Student Defense Team

You're dedicated to providing the best education for your child, and homeschooling reflects that commitment. If you're unsure about your child's rights or your responsibilities as a homeschooling parent in Maryland, the Lento Law Firm Student Defense Team is here to assist you. Our knowledgeable attorneys have supported parents nationwide, including those in Maryland, in navigating issues related to K-12 education.

We're well-versed in Maryland's homeschooling, special needs, and interscholastic athletics regulations. Our experienced team is prepared to ensure your child receives all benefits that are entitled under Maryland law while ensuring compliance with its requirements.

Reach out to us today at 888.535.3686 or via our contact form to arrange a confidential consultation. Let us help you create an environment where your child can thrive in your homeschooling journey.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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