New rules regarding Arkansas' more than 19,500 home-schooled students cleared a hurdle Thursday when they were approved by the state Board of Education.
The rules take into account several recent legislative changes, including that parents of home-schooled students are no longer required to annually tell the state the curriculum they will teach, the teaching schedule they will follow or their teaching qualifications.
Parents must tell the district the name, sex, birth date and grade level of the child and some other basic information. The name of the parent is also required.
About 19,520 students were home-schooled during the 2016-17 school year, according to data kept by the state Department of Education.
Though a draft version of the rules had been discussed at previous state board meetings, they still sparked some talk on Thursday, notably from Education Board member Diane Zook.
Zook asked for some clarification on a section of the rules reflective of Arkansas law that says a parent of a home-schooled child must "provide" the schooling. The section does not specify if the parent does the teaching.
Zook wanted to know if that language had ever been challenged, using the hypothetical example of a home-schooler who claimed he got a poor education and now could not get into college or enlist in the military.
"I guess I just would like all children to have an opportunity, and all parents to have a choice," Zook said. "But at the same time, I don't want to make the playing field different for different kids because of [their] parents' choice."
"I'm all about choice," she later added. "But I get concerned when it gets watered down and spread out."
Courtney Salas-Ford, an attorney for the state Department of Education, said in general, there's been a "liberal interpretation" of the word "provide."
If a home-schooling parent collaborates with other home-schooling parents to teach their children, or uses online sources for curriculum, those qualify as "providing" a child an education, said Stacy Smith, assistant commissioner of learning services at the state Department of Education.
Education Board member Charisse Dean said that once a parent signs an intent-to-home-school form, "it's out of our hands."
"There are so many more students that fall through the cracks in public schools and other situations," Dean said, noting that she home-schooled her children for years before they enrolled in public schools.
Parents who choose home schooling "know what's best for their particular child," Education Board member Ouida Newton said.
"To me, that's why that word 'provide' is there, and it's general," she said.
The new rules also reflect Act 863 of 2017. The law tells public schools to place a former home-schooler who just enrolled or re-enrolled in the grade and in the courses that are at least equivalent to the student's grade level and the courses taken at home.
That can be determined by the student's transcript, a portfolio, tests taken and lessons completed, as well as the results from a nationally recognized norm-referenced test.
If a student can't provide those results, the district can give the student such a test or waive that requirement, the rules say.
"Parents are responsible for providing evidence of learning for their child," Smith said. Schools and school districts are "encouraged to accept the information," she said.
The rules also allow a school district to waive the requirements and enroll the student if a mutual agreement with the parent is reached.
Jay Barth, who chairs the state board, noted that it's important for the state Department of Education to have "guardrails in place" regarding home schooling because a parent can decide to enroll or re-enroll the child in a public school at any time.
As for participating in interscholastic activities, the principal of the resident public school is instructed, under the rules, to permit a home-schooled student if the student's parents give proper notice and the student is eligible.
The student is not guaranteed participation, but the student will be allowed to try out without discrimination, the rules say.
A home-schooled student can also participate in an interscholastic activity that's not at his resident public school, according to Act 592 of 2017. That's possible when the resident public school and the other school agree, the rules say.
And, under Act 173 of 2017, a public school district can adopt a policy that allows a home-schooled student to enroll in an academic course at that campus.
After discussing the rules, the nine-member board approved them 8-1, with Zook voting no. The approved rules will go to a subcommittee of the Arkansas Legislative Council.
If approved, the rules will be filed with the secretary of state. They become effective 10 days later.
Metro on 04/13/2018