Many home educators in PA use the Private Tutoring Option. PHEA encourages all qualified families to do so. However, many school districts impose additional requirements and some outright refuse to acknowledge the Private Tutor Option.
This is the text of the Private Tutoring Option as contained in section 1327 of the PA Public School Code:
Private Tutoring Provision Of The Pennsylvania School Code
“Regular daily instruction in the English language, for the time herein required,
by a properly qualified private tutor, shall be considered as complying with
the provisions of this section. For the purposes of this section, "properly
qualified private tutor" shall mean a person who is certified by the Commonwealth
of Pennsylvania to teach in the public schools of Pennsylvania; who is teaching
one or more children who are members of a single family; who provides the majority
of the instruction to such child or children; and who is receiving a fee or
other consideration for such instructional services. No person who would be
disqualified
from school employment by the provisions of subsection (E) of section 111 may
be a private tutor, as provided for in this section. The private tutor must
file a copy of his Pennsylvania certification and the required criminal history
record
with the student's district of residence superintendent.”
Several of us in PHEA had been receiving calls from families having difficulty
with their districts on this matter. After much research and discussion with
various officials and attorneys, the conclusion was, as with all home education
matters in PA, where you live and what school district you reside in, determines
how easy it is to use the Private Tutor Option.
From Dewitt Black, Home School Legal Defense Association (HSLDA):
“We are aware of regulatory language in Section 11.31 of the Regulations of the
State Board of Education granting a local superintendent the right of approval
of a private tutor. However, in order for the State Board to promulgate administrative
regulations covering private tutors, there must be express authority to do so
from the Pennsylvania General Assembly in the form of an enacted statute.
In reviewing the provisions of Section 13-1327, I find no language authorizing
the State Board to regulate a "properly qualified private tutor." Thus,
it appears that the provisions of Section 11.31 of the
Regulations are invalid and unenforceable because the State Board has not been
granted authority to promulgate any regulations for private tutors.
I have written officials at the Department of Education on two occasions requesting
that they provide me with some statutory authority for the State Board to promulgate
regulations concerning private tutors, but as of this date they have not done
so. I can only assume they have reached the same conclusion I have.”
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The following is a post by Norma Young dated December 2001. If you have used the private tutoring option in the past, or are currently home educating under this option, or if you have been denied use of this option by your school district, PHEA would appreciate this information. Email us! PAHSLaw@phea.net
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Subject: The Private tutor option
Date: 12/19/01 12:03 PM
From: Norma Young
Please remember that I am not a lawyer and
your milage may vary. This is what I have found about the Private Tutor Option
after discussion with various attorneys. It's lawyer talk so try to stay awake
during this mind numbing post.
The private tutor option is used by many folks.
As with the homeschool law, how it is interpreted and applied varies from district
to district.
The private tutor option as it pertains to homeschooling is contained in Section
1327 of the Public School Code:
“
Regular daily instruction in the English language, for the time herein required,
by a properly qualified private tutor, shall be considered as complying with
the provisions of this section. For the purposes of this section, "properly
qualified private tutor" shall mean a person who is certified by the Commonwealth
of Pennsylvania to teach in the public schools of Pennsylvania; who is teaching
one or more children who are members of a single family; who provides the majority
of the instruction to such child or children; and who is receiving a fee or
other consideration for such instructional services.
No person who would be
disqualified from school employment by the provisions of subsection (E) of
section 111 may be a private tutor, as provided for in this section. The private
tutor must file a copy of his Pennsylvania certification and the required criminal
history record with the student's district of residence superintendent.”
Districts
sometimes site Section 11.32 of the PA Code as requirements for the private
tutoring option. The PA Code (regulation)
is different than the Public School Code (statute). This is where all the
REGULATIONS dealing with ALL legislation can be found. Regulations are the
enforcing entities interpretation of law. Regulations can / may / do, carry
the force of law as the governor and legislature have given the enforcing agency
that power.
Here is the text of Sec. 11.32 of the PA code:
EXCUSALS FROM PUBLIC SCHOOL ATTENDANCE § 11.31.
Pupils not enrolled in public schools due to private tutoring.
(a) Private tutoring by a properly qualified tutor shall be subject to the
annual approval of the district superintendent of schools. The instruction
shall include
for elementary school level students: English, including spelling, reading and
writing, arithmetic, geography, the history of the United States and Pennsylvania,
science, civics, including loyalty to the State and National Government, safety
education, and the humane treatment of birds and animals, health, including physical
education and physiology, music and art. For secondary school level students,
the instruction shall include: art, English, health, mathematics, music, physical
education, science and social studies, including United States and Pennsylvania
history.
The instruction shall be given during the school year for a minimum of 180 days
of instruction or for a minimum of 900 hours of instruction for an elementary
level student and a minimum of 990 hours of instruction for a secondary level
student as the equivalent of 180 days of instruction.
(b) The superintendent’s approval of the tutor shall be by acceptable evidence
of the tutor’s ability to teach the program to the pupil and by written
assurance from the parent that the instructional requirements listed in this
section shall be met. If approval is granted, the superintendent may afterwards
also require evidence deemed necessary to demonstrate that the pupil is making
satisfactory progress in the tutoring program and that the required subjects
are being taught for the time prescribed.
Authority
The provisions of this § 11.31 amended under section 1317(a) of The Administrative
Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372 and 1511
of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372
and 15-1511).
Source
The provisions of this § 11.31 amended December 19, 1986, effective December
20, 1986, 16 Pa.B. 4874. Immediately preceding text appears at serial page (11180).
In the PA code's section 11.32, more is demanded of tutors than the home ed
law. I could never understand why the law seems to contradict itself until
I noticed
this part at the very, very end of this section 11.31
“ Authority
The provisions of this sec 11.31 amended under section 1317(a) of The Administrative
Code of 1929 (71 P. S. sec 367(a)); and sections 1327, 1330, 1372 and 1511
of the Public School Code of 1949 (24 P. S. sec sec 13-1327, 13-1330, 13-1372
and 15-1511).
Source
The provisions of this sec 11.31 amended December 19, 1986, effective December
20, 1986, 16 <Pa.B>. 4874. Immediately preceding text appears
at serial page (11180).”
This means that as of 12/20/86 - this section of the PA code was amended by
section 1327 of the public school code spelling out the private tutoring option
as defined
by nonpublic day school requirements. However, some districts refuse to acknowledge
this.
Here is an opinion by an attorney :
“
The 1988 amendment to Section 1327 of the School Code removed a clause which
required instruction provided by a private tutor to be "satisfactory" to
the district superintendent.
To the extent that the regulations of the State Board of Education, found at
22 Pa. Code Section 11.31, are premised on the repealed provision requiring
approval by a district superintendent, they need to be revised or repealed
by the State
Board, since they now lack a statutory foundation.”
What this now means is that there is no Statutory (Legal) foundation (basis)
for this regulation to continue to exist. It needs to be repealed by the
enforcing entity (State Board of Education).
There is a case being made by HSLDA:
from HSLDA website.
Mother charged with violation of compulsory school attendance law
Filed: May 2, 2001, Wyoming County
Nature of Case:
This single mother of two disabled, adopted children is being
prosecuted because she is allegedly in violation of the qualified private tutor
provisions in Pennsylvania law. Mrs. P is a certified teacher, but according
to the statute, a tutor must be both certified and compensated in some way
in order to qualify. Mrs. P receives an adoption subsidy due to the special
needs
of her children, but she is not directly compensated for her educational services.
A criminal complaint was filed in district justice
court alleging that Mrs. P is in violation of compulsory attendance law.
HSLDA argued that the statute requiring that a private tutor be compensated
is an unconstitutional infringement upon Mrs. P's right to direct the education
of her child.
Ruling: At the trial on June 6, 2001, the district justice held that the statute
requires compensation, so he must find Mrs. P guilty. He fined her $5.00 and
encouraged us to get this unfair situation "resolved" (read "appeal").Status:
The appeal in the Court of Common Pleas is set for December 10, 2001.
Last Updated: September 19, 2001.
I have no idea what the outcome of this was. The text of the law reads "and
who is receiving a fee or other consideration for such instructional services." (define
*other compensation* for me <eg>.)
So there you have it folks. Once again how easy it is depends on where you
live. The State Board needs to repeal this section 11.31 and someone needs
to figure
out just what *other compensation* is.
Another home education legal explanation that is as clear as mud!
Norma Young