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We have it good in Indiana. G'mornin' Tx!

Indiana Law
Compulsory Attendance Ages: “Earlier of the date on which the individual officially enrolls in a school or… the beginning of the fall school term for the school year in which the individual becomes seven (7) years of age until the date on which the individual;

(1) Graduates;
(2) Reaches at least sixteen (16) years of age… and the requirements under subsection (j) concerning an exit interview are met enabling the individual to withdraw from school before graduation; or
(3) Reaches at least eighteen (18) years of age; whichever occurs first. ~ Indiana Code section 20-8.1-2-17.
Required days of Instruction: “For the number of days public schools are in session in the school corporation in which the individual is enrolled in Indiana: or… if the individual is enrolled outside Indiana for the number of days the public schools are in session where the individual is enrolled” (Generally 180 days) Section 20-8.1-3-17.

Required subjects: “Instruction equivalent to that given in public schools.” Indiana Code Section 20-8.1-3-34.
“A school that is:
(1) non-public
(2) non-accredited: and
(3) not otherwise approved by the Indiana State Board of Education;
is not bound by any requirements set forth in IC 20 or IC 21 with regard to curriculum or the content of educational programs offered by the school. “Indiana Code Section 20-8.1-3-17.

Home School Statutes: None

Alternative Statutes Allowing for Home Schools: A child may attend “Some other school which is taught in the English language.” Indiana code Section 20-8.1-3-17.

1. The child must be “Provided with instruction equivalent to that given in public schools” IC 20-8.1-3-34, However, IC 20-8.1-3-17.3 has removed all subject requirements (See Above). Furthermore, the state board of education has not been given authority to define “Equivalent Education.” Nor to approve home schools.
2. The Indiana appellate court has held that the Indiana Compulsory attendance law allows the operation of home schools. State vs. Peterman, 32 Indiana App. 665, 70 N.E. 550 (1904). Essentially, the court said a school at home is a private school.

The court defined school as “A place where instruction is imparted to the young… We do not think that the number of persons, whether one or many, make a place where instruction is imparted any less or more a school” Peterman, 70 NE at 551. The court explained further; “Under a law very similar to ours, the supreme court of Massachusetts has held that the object and purpose of a compulsory educational law are that all children shall be educated. Not that they shall be educated in a particular way.” Peterman, at 551. The court concluded “The result to be obtained, and not the means or manor of obtaining it, was the goal which the lawmakers were attempting to reach. The law (Compulsory attendance) was made for the parent who does not educate his child, and not for the parent who…. So places within the reach of the child the opportunity and means of acquiring an education equal to that obtainable in the public schools….” Peterman at 552.

3. In Mazanec v. North Judson-san Pierre School Corporation, 614 F. Supp. 1152 (N. D. Ind. 1985) (affd. By 798 F. 2d 230). A federal District Court recognized that parents have the Constitutional Right to educate their children in a home environment (at page 1160). The court wrote concerning the qualifications of home school parents that, “it is now doubtful that the requirements of a formally licensed or certified teacher… would pass Constitutional Muster..” (at page 1160) On appeal, the circuit court rulledthat a school corporation is not immune from a 1983 action for improper enforcement of compulsory attendance.
4. Parents must keep attendance records “Solely to verify the enrollment and attendance of any particular child upon request of the superintendent of public instruction or the superintendent of the school corporation in which the private school is located.” Indiana Code Section 20-8.1-3-23.
5. A private school administrator shall furnish, on request of the state superintendent of public instruction, the number of children by grade level attending the school.” Indiana Code Section 20-8.1-3-24.

Good Morning!

The HSLDA website lists news items of interest to homeschoolers. Two current items are :

Home School Tax Deduction Passes House Committee
Today, September 5, 2002, the United States House of Representatives Committee on Ways and Means passed by a vote of 22-14 the Back to School Tax Relief Act of 2002 (H.R. 5193). This bill, sponsored by Rep. Bob Schaffer of Colorado, would allow families of K-12 students, whose joint adjusted gross income is less than $40,000 ($20,000 for singles), to claim up to a $3000 deduction for education expenses, including home education. This deduction would apply whether a family itemizes their deductions or not. This is a significant vote, as the bill is now cleared for action on the floor. It is HSLDA's understanding that this vote could come as early as next week. HSLDA will be in touch as H.R. 5193 moves forward. While we would prefer that there be no income limitations on eligibility for general tax relief, congressional budget rules foreclosed that approach this year. HSLDA was worked with Congressman Schaffer as he crafted this legislation.

Update on Education Savings Accounts Vote

The U.S. House of Representatives considered the Education Savings and School Excellence Performance Act of 2002 on Wednesday September 4, 2002. Included in this bill was a provision that would extend the use of education savings accounts to homeschoolers. The bill contained a number of other provisions, including making the education savings accounts law permanent. Unfortunately, the bill failed in the House of Representatives.

While the bill achieved a majority, 213 in favor to 188 opposed, it needed a 2/3 super majority to pass under the procedure by which the bill was brought to a vote. We will keep you informed if this bill again comes for a vote. Thanks to all who called their Congressmen in support of this bill. Click HERE to see how your congressman voted.

Background:

Currently, some homeschoolers do not qualify for Educational Savings Accounts. Home school students qualify only in states that define homeschools as private schools. These states include: AL, CA, DE, IL, IN, KS, KY, LA, MI, NC, NE, TN, and TX. Five other states CO, FL, ME, VA, WV, and UT recognize groups of homeschoolers as private schools, but individual home schools do not qualify.

How do these education savings accounts work?

An ESA is an account in which interest and capital accumulate tax free for educational purposes. For example, upon the birth of their first child, a family invests $2,000 in an ESA. They deposit $2,000 each year until the child reaches the age of six, at which time the parents will have saved $12,000. If their money has been compounding annually at 13% during that time, they will have earned $4,645.41 of tax free money toward their child's education expenses. A little math demonstrates that the $4,645.41 in interest, divided by 12 years of education, would give parents approximately $387.12 per year to spend on their child's education.

Home school families would especially benefit from the fact that anyone, not just parents, can contribute to a child's ESA. Friends and relatives can give, as long as annual contributions do not exceed $2,000. These new provisions are effective for tax years beginning January 1, 2002.