You’re finally comfortable with the procedures and paperwork to commence a home education program in Pennsylvania and now you’re moving.
The good news is: it’s not that difficult. The bad news is: most school administrators have less experience with this kind of thing than you do.
As with most PA homeschool laws, you’ll likely be educating school administrators on this matter (if you choose to).
Whatever you do, do not ask a school administrator how to effect a transfer of your home education program! He or she will likely give you the wrong information.
The Law
I always advise turning to the law when you’re not sure what to do.
In this case, the PA homeschool law specifically addresses the procedure when moving within Pennsylvania. (Where the law isn’t clear, always assume personal rights over government authority).
24 P.S. § 1327.1(2) & (3) sets forth the procedures when a home education program in good standing is relocating:
“(2) In the event the home education program site is relocating to another school district within this Commonwealth during the course of the public school term or prior to the opening of the public school term in the fall, the supervisor of the home education program must apply, by registered mail, thirty (30) days prior to the relocation, to the superintendent of the district in which he or she currently resides, requesting a letter of transfer for the home education program to the district to which the home education program is relocating. The current superintendent of residence must issue the letter of transfer thirty (30) days after receipt of the registered mail request of the home education program supervisor.
(3) The letter of transfer, required by clause (2), must be filed by the supervisor of the home education program with the superintendent of the new district of residence. In the case of pending proceedings, the new district of residence superintendent shall continue the home education program until the appeal process is finalized.”
[Subsections (2) (i) and (ii) only apply if a home education program is not in compliance or in hearing procedures. Since these subsections do not apply to most people, I will not address them in this post]. If you need information about this situation, click here.
It might be obvious but this provision only applies if you have filed an affidavit and proposed list of objectives for a student. If you move before any of your children has reached compulsory attendance age, this section does not apply to you.
Supervisor’s responsibility
The law is clear that the supervisor must apply to the superintendent of the current school district for a letter of transfer to the new district. The request must occur:
1) thirty days prior to the relocation and
2) by registered mail.
The supervisor should receive a letter of transfer within 30 days (of receipt by superintendent-hence the need for proof by registered mail) and then
3) the supervisor must file the letter of transfer with the new school district of residence.
So, these are the only 3 steps for a supervisor of a home education program in good standing to legally relocate.
Superintendent’s responsibility
If the home education program is in good standing, the superintendent of the current district must, by law, issue a letter of transfer to the supervisor within 30 days of receipt of the request.
The superintendent has no discretion, he or she must issue the letter of transfer to the supervisor.
Sources of confusion
School administrators from both districts often try to invent procedures or expect parents to jump through extra hoops because the law doesn’t mention affidavits or specify the language for a request for or the actual letter of transfer.
While it isn’t the responsibility of the parent to inform the superintendent about the language or materials to include in a letter of transfer, you might save yourself a few phone calls by attaching a sample “Letter of Transfer” and suggested procedures to your request. Alternatively, attaching a copy of the specific provision of the law might help.
What I would do
I usually advise complying with the law and no more.
In this situation, however, briefly explaining this procedure to school administrators might spare you some time and energy.
Your intital request might include a statement like: “If you are unclear about the language to include in a letter of transfer or your responsibility under the PA homeschool law, please contact me.”
The law does not obligate a supervisor to file a new affidavit or a copy of the old one. It also doesn’t mention what the superintendent of the current district should do in this regard.
Presumably, the letter of transfer relays all the information that the new school district should need. You could leave it up to the superintendents to hash out the details what to exchange, if anything, but I think you’re better off suggesting that the current superintendent forward the original affidavit and proposed list of objectives to you or to the new district. If the originals aren’t included, I wouldn’t hesitate to include copies (hopefully you kept a copy) when filing the letter of transfer with the new district.
To be clear, you are not obligated under the law but I believe you’ll save yourself some time and agravation.