Summary of June 2003 meeting with the DOE

Analysis of more problematic parts of the Advisory

Homeschoolers and Public High School Diplomas

Homeschoolers and the GED

Massachusetts Department of Education Draft Advisory on Home Education
On June 9, 2003, a representative from Advocates for Home Education in Massachusetts joined representatives from other homeschooling organizations to discuss the current DOE Draft Advisory on homeschooling. The advisory is the document the DOE submits to individuals seeking information about homeschooling in Massachusetts. Approval and oversight of home education is a local, rather than state, function in Massachusetts. Therefore, the Department of Education is not involved in setting policy, overseeing school district practices, or otherwise enforcing the Commonwealth's home education law. The document's intent, according to the DOE, is to provide a neutral analysis of homeschooling law, and to answer the most commonly asked questions about homeschooling. Many homeschooling groups, including AHEM, have taken issue with various sections of the draft.

One of the themes homeschooling groups tried to convey to Ms. Keliher was that of intimidation. We tried to explain that the tone of the advisory might intimidate superintendents and lead them to feel an obligation to come down hard on homeschoolers. Passages from the advisory regarding prior approval were cited. Ms. Keliher seemed to understand the issues we presented, though she said that in a public document she did not have leeway to interpret the law, only convey it. Nevertheless, she acknowledged our concerns and said she would take them under consideration.

Another major issue presented at the meeting was special education. Homeschooling groups have been concerned that the current document advises superintendents to treat families homeschooling a special education child differently from other families. The advice is based on special education laws, and specifically FAPE (Free and Appropriate Public Education). Homeschooling groups in attendance argued that FAPE should not apply to homeschooling families, while Ms. Keliher explained that since FAPE is the standard for special education students in public school, and the homeschooling plan has to "equal in thoroughness and efficiency that of the public school...," then homeschooling plans must address the child's special needs. She also conceded that she needed to consult special education experts to better understand the issue, and seemed to agree that this section of the advisory needed some changes.

Friends of AHEM wishing to receive the full set of minutes for the meeting let us know and we will provide it. If you would like a copy of the draft advisory, please contact us at info@AHEM.info or send a SASE to AHEM, PO Box 1307, Arlington, MA 02474.

The advisory was scheduled to be revised over the summer, with prospective finalization and release in fall of 2003. However, as of September 2003 Liz Keliher has informed us that because of the workload at the DOE she has not put the necessary time into the advisory to release it this fall. We will keep you informed of its progress.

The draft circulates even though it is not in final form. You may find that your local district has incorporated parts of the advisory into their local policy even though the DOE does not have any authority to set homeschool policy in Massachusetts.

Click here to read an analysis of some of the more problematic parts of the advisory.

September 2004 addendum: Homeschoolers and Public High School Diplomas
Responses from Massachusetts homeschoolers to AHEM's questionnaire noted that schools are saying they cannot issue diplomas to homeschoolers. This raised the question of whether the DOE's position had changed: the DOE used to say that issuing a diploma was up to the school committee's discretion. AHEM asked Liz Keliher, attorney for the DOE, for clarification and indeed they have revised their position on the issuance of diplomas to homeschoolers. From Liz Keliher, DOE attorney:

"You are correct that homeschoolers may not receive high school diplomas. We are adding this question and answer to our Homeschooling Advisory which, as you know, is still not finalized. However, the question and answer will probably look something like this:

High School Diplomas. Home schooled students are not entitled to the award of a high school diploma, even if they have completed a district-approved home schooling program. The Education Reform Act of 1993 authorized the Board of Education to establish statewide public high school graduation standards (called competency standards), that were implemented with the graduating class of 2003. Satisfaction of the requirements of the competency determination is now a condition for high school graduation. The competency determination requires publicly enrolled students to achieve a passing score on the 10th grade MCAS in both English Language Arts and Math.

Home-schooled students are not permitted to participate in the MCAS and, therefore, cannot fulfill the requirements of the competency determination or attain a high school diploma. However, districts have the discretion to determine whether, or the extent to which, a student who has been home schooled has met the local requirements for graduation. The school committee may provide a home schooled student with a letter or certificate which indicates that the student participated in an approved home schooling program and describes the content of the program and the results of any academic tests administered by the school district."

The GED and Homeschoolers, September 2004: Ruth Derfler, Director GED & Alternative Adult High School Credentials at the Massachusetts Department of Education clarified that a homeschooler age 16 or 17 can have the school write a letter stating that he or she is not enrolled, as he or she is a homeschooler, and that letter will qualify him or her to take the GED. Ms. Derfler said that if a superintendent were confused about this policy and didn't want to honor a homeschooler's request for a letter, they could call her (781-338-6604) to confirm.

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The information on this website does not constitute legal advice; it is provided for informational purposes only.