In the first post on this topic, I discussed the procedure to relocate a home education program in good standing when moving within Pennsylvania.
This article will give you some insight about the law when a homeschool is not in good standing.
First, if you have not received notice that the superintendent has a basis for a reasonable belief that “an appropriate education is not occurring” or that the home education program is otherwise not in compliance with the law, assume that the program is in compliance and proceed according to the original post.
Act 196 of 2014 requires a superintendent to notify a supervisor via certified mail, return receipt requested of the above and the notification must include the basis for a reasonable belief. If the proper procedure was not followed, (certified letter with 30 days to provide certification), I would proceeed as if the home education program is in good standing.*
A look at the “not in good standing” language
If you have received a certified letter indicating a challenge to your home education program or if you are in hearing procedures subsections (i) and (ii) of 24 P.S. 1327.1(b)(2) govern this situation. Let’s look at the provisions one at a time.
(i) If the home education program is not in compliance with the provisions of this section, the superintendent of the current district of residence must inform the home education supervisor and the superintendent of the district to which the home education program is relocating the status of the home education program and the reason for the denial of the letter of transfer.
According to this language, the superintendent will deny the letter of transfer with an explanation as to the status of the home education program.
This language does not prevent the home education program from moving. It just means that the home education program will remain under the jurisdiction of the current district until the supervisor provides certification by a qualified evaluator that “an appropriate education is occurring” or that the home education program is in compliance. See 24 P.S. § 1327.1(i.1)(j.1) for guidance about how to legally respond.
When the home education program is in hearing procedures
(ii) If the home education program is in hearing procedures, as contained in this section, the superintendent of the current district of residence must inform the home education supervisor, the assigned hearing examiner and the superintendent of the district to which the home education program is relocating the status of the home education program and the reason for the denial of the letter of transfer.
Again, if a home education program is in hearing procedures in the current district, you are not prevented from moving but the home education program will remain under the jurisdiction of the current district until the matter is resolved.
This scenario will not affect most homeschoolers in Pennsylvania. It attempts to prevent a family from moving to avoid a properly executed hearing procedure or challenge of compliance.
This language does not allow a superintendent to harass a family in good standing who intends to relocate.
If you have questions about timing or procedures to relocate a home education program, you should consider joining the private member community where I personally answer questions about the PA homeschool law.
If your superintendent has already initiated a challenge to your home education program, you should consider joining the private membership community because I can help you decide whether you need legal representation or help you navigate it on your own. I only offer this type of review and assistance to members of the community.