[This article first appeared in Issue 57 (winter 1996-1997) of the PENNSYLVANIA HOMESCHOOLERS® newsletter.]
The compulsory education law in Pennsylvania (Section 1327 of
the school code) specifies five legal alternatives: (1) public
schools, (2) private schools, (3) church schools, (4) private
tutoring, and (5) home education programs.
Most homeschooling families in Pennsylvania form home
education programs by filing a home education affidavit for their
family. However, a growing number of Pennsylvania families are
homeschooling under a church school umbrella instead.
The Home School Legal Defense Association (HSLDA) which
provides legal services for homeschooling families now lists the
church school as a legal alternative for homeschooling in
Pennsylvania.
I recently interviewed Attorney Dee Black who handles
Pennsylvania affairs for the HSLDA. He noted that the legality
of homeschooling under a church school umbrella is still a "gray"
area in the law. It is possible that a court decision could go
against it. In that case, the family who was homeschooling under
the church school alternative would have to switch to the home
education program option. He didn't think that the school itself
would get into trouble because complying with the compulsory
attendance law is the parent's responsibility, not the school's
responsibility.
The church school option requires that the church school
comply with the church school law in several ways. First,
according to that law, the church school must be "a day school
which is operated by a bona fide church or other religious body."
Therefore it can't just be started by an individual family, but
must be sponsored by a church.
Also the school must file an affidavit with the PA Department
of Education letting the state know of their existence and that
the required courses are being taught for the required time.
Then at the beginning of each year they have to notify the local
school district about which students are enrolled in the school
and then as the year progresses let the district know when
students drop out or have three unexcused absences. Also,
although not required by law, the church school should assign an
administrator to supervise the homeschoolers.
The easiest way for homeschoolers to come under this option
would be to enroll their children in a homeschool program of an
already established church school. The school would provide
supervision to the homeschoolers and opportunities for the
homeschoolers to participate in school classes and/or activities.
It is also possible for a church to establish a school
specifically to supervise homeschoolers. That is exactly what
Pastor Bill Day's Susquehanna Bible Church did when they founded
Susquehanna Bible Academy in 1987 to provide supervision and
activities for homeschooling families. When the Warrior Run
School District challenged the attendance of one of their
students in the fall of 1994, the school district backed down
after a letter from the Home School Legal Defense Association.
Susquehanna Bible Academy has a school handbook which
specifies school and parental responsibilities. Pastor Bill Day
and his wife Tina visit families in their homes several times
each year and especially help new families get started. They
also help families with curriculum selection. The academy
started small but now includes families in five school districts.
Bill invites those interested in starting such a school in their
own area to call him (717-271-1722). [Note: Since this article
was written area codes in this region of Pennsylvania have been
changed from 717 to 570.]
Our hats are off to the Home School Legal Defense Association
for working to make this new option a choice for homeschoolers in
Pennsylvania. Those who choose to do so should keep in mind that
it is still a "gray" area in the law that could be challenged in
court and that a court decision could eventually eliminate the
option. I recommend that those who choose it also join the Home
School Legal Defense Association (540-338-5600) for legal
protection so that if their choice of this option is challenged,
they will have the best possible chance of winning in court.
Those with high school age students should also keep in mind
that they could not use this option and still get diplomas
through one of the diploma programs such as PHAA (Pennsylvania
Homeschoolers Accreditation Agency) which can only give diplomas
to graduates of home education programs. On the other hand, they
would not need a PHAA diploma, they could get their diploma from
the church school!