Before I begin, I need to say, I’m not a lawyer. I’m a mom who has been home educating her children since 2017. I’m a mom who has spent a lot of time researching, many things, but today is about the home education law and the PA school code. This needs to be said because many are providing bad advice or incorrect information. It’s your job to inform yourself. I want to help point you in the right direction so I’m going to share, piece by piece, everything I found, and then you get to make an informed decision. I will have some very strong opinions on this topic, remember, I am not a lawyer and not offering any legal advice. I know for a fact that school districts across the state of Pennsylvania have been using bully tactics to scare un-informed parents into submission to supply them with things they are not entitled to have. Up to now, my school district, generally, was not one of them. This year, it changed. I want you to inform yourself of all the law that will be used against you so that you can take a stand knowing you have all the information and knowledge forcing them to show you what they think you don’t know. Do not rely on the Home School Legal Defense organization to come to your aid. They likely will not. They have been disappointing many parents for several years, myself included. It’s not difficult to understand the law texts if you read them like this, it says what it means and means what it says. But, like reading the Bible, people attempt to make their own interpretations to suit their agenda. What’s difficult is finding the ones that matter to your issue. I’m talking all of them and looking at them in conjunction with each other when they cross-reference one another. I’ve done the work and I want to show you and provide you with information to help you be informed and un-afraid. I can’t say anything I will point out to you will help you in your argument. I’m going to face it this year myself. But I’m informed, and I have a plan and I’m not going to be bullied or made afraid. I will take it a step at time, as informed and calmly as possible. I don’t recommend communicating with your school district unless/until they have sent you a certified letter. The law affords you that right. I’ll get to that. That being said, I could not let this go any longer. I will quote the laws, provide links and provide my commentary on what they say. Then you will read the laws, in full context and form your own opinion to make an informed decision on how to proceed now or in the future. Remember this only pertains to Pennsylvania.

So, what are we talking about here? Here’s an example; it’s come to my attention that my school district is sending out emails (they don’t even have mine, so I didn’t get one) with some kind of language stating that the law changed and now we are required to submit medical documentation and immunization records and that our signed, notarized, sworn, affidavits are no longer enough. This is a 100% lie. This is also not a new lie. This lie has been told by school districts across the state for years. My school district always believed what the law text actually said and therefore it was a non-issue for them or us. I’m not sure what changed over there, but now they are straight up lying claiming the law changed. It did not change in respect to medical documentation or immunizations. There are changes to the law for the 2023-2024 school year but has nothing to do with medical information. (PA Home Education Law) This has many parents believing they can no longer just provide the affidavit as evidence. Now, what will happen when that is all I will send? I’ll find out. Many parents will fall for this lie and do exactly what the Pennsylvania Department of Education wants, parents submitting to them and their lies, which will hurt home education in the state as legislators will look at this and perhaps make additional changes that are not in your favor. Don’t poke the bear. They don’t need any help. Let’s start with the home education law text portions that I’m referencing.

Section 1327.1. Home Education Program………(1) A notarized affidavit of the parent or guardian or other person having legal custody of the child or children, filed prior to the commencement of the home education program and annually thereafter on August 1 with the superintendent of the school district of residence and which sets forth: the name of the supervisor of the home education program who shall be responsible for the provision of instruction; the name and age of each child who shall participate in the home education program; the address and telephone number of the home education program site; that such subjects as required by law are offered in the English language, including an outline of proposed education objectives by subject area; evidence that the child has been immunized in accordance with the provisions of section 1303(a) and has received the health and medical services required for students of the child’s age or grade level in Article XIV; and that the home education program shall comply with the provisions of this section and that the notarized affidavit shall be satisfactory evidence thereof.………….

Remember this, the HSLDA does not support this text as written. Which means they won’t support you. What reason do they have to basically say this isn’t what it says? Well because they look at other school code texts I’ll reference next.

Title 28 of the PA School Code

§ 23.86. School reporting.

(a) A public, private, parochial or nonpublic school in this Commonwealth, including vocational schools, intermediate units, special education and home education programs, and cyber and charter schools, shall report immunization data to the Department electronically by December 31 of each year using a format and system provided by the Department.

(b) In the event a public, private, parochial or nonpublic school is unable to complete its report electronically, it shall report to the Department by December 15 of each year using a form provided by the Department.

(c) The school administrator or the school administrator’s designee shall forward the reports to the Department as indicated on the reporting form provided by the Department. […etc]

Do you see where they threw in the term “home education programs”? Do you also see that it says they need to report to the Department? The Department here is defined in the law as the State Health Department. You’re thinking, no way do I want to report to them either! Hang on, I’ve got more for you to consider. Again, I AM NOT A LAWYER. Here’s another part of the school code for you to look at. Keep in mind I am only showing the pertinent portions.

§ 23.83. Immunization requirements.

(a) Duties of a school director, superintendent, principal or other person in charge of a public, private, parochial or nonpublic school. Each school director, superintendent, principal, or other person in charge of a public, private, parochial or nonpublic school in this Commonwealth, including vocational schools, intermediate units, and special education and home education programs, cyber and charter schools, shall ascertain that a child has been immunized in accordance with the requirements in subsections (b), (c) and (e) prior to admission to school for the first time, under section 1303 of the Public School Code of 1949 (24 P.S. § 13-1303a), regarding immunization required; penalty.

(b) Required for attendance. All of the following immunizations are required as a condition of attendance at school in this Commonwealth: (then lists vaccines)

The emphasis in the text is mine, but do you see they threw that in there again? This time though it seems to indicate that the school director, administrator, principal or other person who is in charge of the home education programs is given the task to ascertain that a child has been immunized. So, is the principal, administrator, or superintendent in charge of your home education program and if not, who is the person in charge? Is this task actually relegated to them according to this? My opinion is, no. Why? Let’s go back to the home education law for these answers.

“Home education program” shall mean a program conducted, in compliance with this section, by the parent or guardian or such person having legal custody of the child or children.

“Supervisor” shall mean the parent or guardian or such person having legal custody of the child or children who shall be responsible for the provision of instruction, provided that such person has a high school diploma or its equivalent.

The home education law defines the home education program as being conducted by the parent and describes the supervisor as the one responsible for instruction. So, does the law really say the school district staff members are the ones responsible to ascertain immunization or reporting such? My opinion is no. The inclusion of the words “home education programs” here can literally mean anything other than you educating your child at home. Do you know how many people consider using the public school’s distance or remote learning to be homeschool or home education? It is not. It’s public school. The home education law was written to be separate and has very different laws for home educating families. It clearly states that the affidavit is evidence. What is the purpose of the home education law if they try to undue it with the state school code? I do not share the view of the HSLDA, or the PDE or many other parents. I will try to hold my ground for as long as possible without harm to my child. It doesn’t matter if you vaccinate or don’t, that’s not even the point. The point is the HSLDA and the PDE are trying to re-write legislation of which NEITHER one has the ability to do. There are still exemptions for you to claim in the state, but again, it’s not required to be sent to them. I’m not seeing that anywhere. People say it’s a gray area based on these law excerpts I just shared. You decide. Is it gray? Or black and white? And where have you seen in any of the above proofs that medical documents are required to be submitted? The HSLDA’s new stance on this is again, wrong. They used to say it was not required, now I’m seeing them claim you need send a note with your Dr’s signature but not the actual records.

I’m going to mention this last suggested part of the PA code that apparently some districts are using to prove you need to submit to their demands of documentation. Everything in this section clearly is referring to public school and home education programs are not even mentioned. Section 14-1402 Health Services This part below is quite literally the only part that I’m assuming they are trying to say applies, but you have to read the entire text in context.

(a.2) In a school district that provided school nurse services to a nonpublic school during the 2018-2019 school year and received State funding in accordance with section 2505.1, the school district shall continue to provide nurse services to every child of school age enrolled in the nonpublic school and receive State funding for school nurse services in accordance with section 2505.1.

(b) For each child of school age, a comprehensive health record shall be maintained by the school district or joint school board, which shall include the results of the tests, measurements and regularly scheduled examinations and special examinations herein specified.

PLEASE READ THIS SECTION OF THE CODE IN ENTIRETY TO GET THE FULL CONTEXT (Link)

So, is the health record meant for those who utilize the nurse services provided by the district? Much like how your Dr’s office maintains a record of your child’s visits in their office. If we aren’t using their services, why would I send them my child’s health records? My child doesn’t attend their school. I think it is also talking about height and weight checks not comprehensive physical exams that are required in certain grade levels, unless you are having those done at the school. If you are not using the school nurse for this, what purpose is there to send them your private records? Seems like that is not what this is saying at all, yet these are the medical documents that the school districts are demanding from home educating parent supervisors. There is nothing in the law that states that you the “person in charge” of your “home education program” cannot do height and weight annually on your own and keep the results in your own file. You can do vision screenings online, the public school code clearly states these can be done by a nurse, teacher [that’s you] or medical professional (of course we are not public school anyway). My children both wear corrective lenses therefore we annually visit an eye doctor for exams, but I never submit that information to the school district but do have it on file at home. Hearing screenings can also be done online or perhaps your doctor’s office does them or you may inquire at a hearing center near you, but this screening is not an annual requirement. The only annual requirement for “health checks” are height and weight measurements and vision screening. These are easily done at your own home and of course if you take your children for any kind of doctor visit in the year, they take those measurements. The question isn’t are you supposed to be doing them, the question is, are you required to submit that information to the school district? In my opinion of everything I shared with you from the law, no. HSLDA’s opinion is you should submit a signed document by your doctor to fulfill this request by the districts, but I don’t see how it is required. And this conflicts with the home education law that says the affidavit is evidence. As home educating parents in the state of Pennsylvania you have a specific set of laws to follow. The PA Department of Education and therefore the school districts are trying to put you also under the rules for public school attendance from the public school code. Again, this is not legal advice. I am not a lawyer. I am a mom who’s read all their arguments, read all their laws, listened to a lot of opinions from other families, re-read the laws over and over again and formed my own opinion.

I know it’s a lot of reading, but it’s important that you arm yourself with information. The districts and PDE are going to assume you don’t know any of the laws, but if you read what I provided, you will know when they are trying to lie to you. I tried to link everything below that I found relevant for this topic including your right to exemptions. As I mentioned in the beginning, unless something comes to you certified mail you are not obligated to respond. If it does come that way, you have 30 days to respond. It does not mean you have to cave in to their demands. It means you need to respond to their request. You can write a letter back and say that you are in compliance, and could they please explain why they feel you are not. It is up to them to show you their reasonable belief. If you wish to include the Home Education law text that is up to you, personally I would not. Make them show you where you are out of compliance. From the home education law:

(j.1) If the superintendent has a reasonable belief that the home education program is out of compliance with any other provisions of this section, the superintendent shall submit a letter to the supervisor by certified mail, return receipt requested, requiring a certification to be submitted within thirty (30) days indicating that the program is in compliance. The certified letter shall include the basis for the superintendent’s reasonable belief. If the certification is not submitted within thirty (30) days of receipt of the certified letter, the board of school directors shall provide for a proper hearing in accordance with subsection (k).

I hope you’re informed now to make your own decision about how to respond, when, or if, to respond the requests made by your school district. Use the links provided. By the way, I am of the opinion that since we are under the rule of the home education law, we are bound only by that text which does include references to XIV (for the required services per age/grade level) and 1303 (a) and therefore despite them changing codes over the years to include the words “home education program” are we really subject to those?

References

Title 28 of the PA Code Chapter 23 School Health (note it says, “The provisions of this Subchapter A issued under the Public School Code of 1949 (24 P.S. § §  14-1401—14-1422), unless otherwise noted.)

PA Statutes Title 24 Education Chapter 1 Public School Code of 1949 Within this section you will want to read

• Title XIV School Heatlh Services 14-1401 – 14-1422
• Article XIII PUPILS AND ATTENDANCE ENFORCING ATTENDANCE Section 13-1327.1 – Home education program
• Section 13-1303a – Immunization required; penalty

1949 Act 14 Section 1327.1 Home Education Program

Title 28 Chapter 23 School Reporting This is under Immunization Subchapter C where you also find immunization requirments and exemption information.

Section 14-1419 – Objections to examination or treatment on religious grounds This is under Article XIV School Health Services

 What is the difference between a rule or regulation (on one hand) and a statute or law or act (on the other hand)?

The General Assembly enacts statutes by passing bills in the Senate and House of Representatives and sending them to the Governor for approval. Some statutes give an agency in the executive branch the authority to adopt rules to further carry out the statute. Armed with this authority, the executive branch agency adopts rules by following a rulemaking procedure. https://www.pacodeandbulletin.gov/Home/FAQ#q2

This post is for information purposes only. References to quoted texts are provided.