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MARYLAND
Compulsory Attendance Ages: “5 years old or older and under 16.” Annotated
Code of Maryland: Education § 7-301(a). However, “a written request for a 1 year
exemption from mandatory attendance by a 5 year old shall be filed with the
local superintendent … before the opening of school of the year in which the
child becomes 5 years old. The local school system shall approve the request in
writing within 5 days….” State Brd. of Ed. Regulations 13A.08.02-2(A)(2 and 3).
Required Days of Instruction: 180 days (for public schools only). Md. Educ.
Code Ann. § 7-103(a).
Required Subjects: “[R]egular, thorough instruction in the studies usually
taught in the public schools to children of the same age,” including “English,
math, science, social studies, art, music, health, and physical education.” Md.
Regs. Code tit. 13A, § 10.01.01 C(2). This is presumed to be met by all home
schoolers enrolled in a church umbrella.
Home School Statute: Md. Educ. Code Ann. § 7-301(a). Public school attendance is
not required for a child who is “otherwise receiving regular, thorough
instruction during the school year in the studies usually taught in the public
schools to children of the same age.” Under Md. Regs. Code tit. 13A, §§
10.01.01-.05, the Department of Education enacted regulations which interpret
Md. Ed. Code 7-301(a) as applying to home schools.
According to these regulations, parents may home school under one of three
options:
Option 1: Portfolio Option. This involves supervision by the public school
superintendent. The home school must provide regular, thorough instruction in
the required subjects (see above list) and meet the following criteria:
1. Such instruction shall be of “sufficient duration to implement the
instructional program.”
2. The parents must maintain a portfolio including “relevant materials such as
instructional materials, reading materials, and examples of the child’s writings
work sheets, workbooks, creative materials, and tests.”
3. The local superintendent may review the portfolio at a mutually agreeable
time and place, not more than three times a year.
4. If a local superintendent determines after review of the portfolio that a
child “is not receiving a regular, thorough instruction program in conformity”
with the regulations, the superintendent shall notify the family of any
deficiencies. The family then has 30 days to provide evidence that deficiency is
remedied or they will have to cease home schooling.
5. “A local school system may not impose additional requirements for home
instruction programs other than those in the regulations.” Md. Regs. Code tit.
13A, § 10.01.01 F.
Option 2: Church Umbrella Option. This does not involve supervision by the
public schools. Under this option, the child’s “instruction is offered ... under
the supervision of:”
1. A church umbrella, which is a “school or institution offering an educational
program operated by a bona-
fide church organization.” To qualify as a “church umbrella,” a church need
only:
a. send a letter to the state superintendent declaring it is in compliance with
the applicable
requirements and is responsible for governing and operating the umbrella (Md.
Regs. Code tit.
13A, § 09.09.01 C); and
b. provide documentation that supports the bona fide church status (either proof
from the IRS, or
church’s articles of incorporation, or evidence of traditional church
practices).
2. Also, the church umbrella, must supervise the instruction with:
a. pre-enrollment conferences,
b. textbooks and lesson plan review,
c. an annual visit to the “site of instruction,” and
d. periodic conferences with parents (phone conferences will satisfy).
Requirements a, b, and c may be satisfied at one time. Md. Regs. Code tit. 13A,
§ 10.01.05.A(1)
Many churches have established church umbrellas, enabling home schoolers to
avoid supervision by the public school.
Option 3: State Approved School Umbrella Option. Under this option, the
child’s “instruction is offered ... under the supervision of a ... nonpublic
school with a certificate of approval from the State Board of Education and
supervision includes textbooks, lesson materials, and other instructional
materials, or equipment to be used ... by the pupil and assignment of a
school-based teacher to assist the home teacher ... and to assist the pupil by
issuing progress reports, marking papers, and grading tests.” Md. Regs. Code
tit. 13A § 10.01.05 B.
Filing and Notices: Parents must file a one-time "Notice of Consent" form
prescribed by the State Department of Education at least 15 days before the home
instruction program begins (the 15-day requirement is probably unenforceable).
Md. Regs. Code tit.13A, § 10.01.01.B(1). It does not need to be refiled
annually.
Before the beginning of each subsequent school year, parents must "verify"
whether home instruction will continue to the superintendent (if operating under
Option 1) or to the umbrella (under Option 2 or 3) Md. Regs. Code tit. 13A, §
10.01.01.B(2). The annual verification can be oral or written. No special form
is needed, and no additional information must be supplied.
Parents must notify the county or their umbrella if the child's home school
"status" changes during the school year (i.e., if they stop home schooling, or
switch from one option to another, or their address changes). Md. Regs. Code
tit. 13A, § 10.01.01.B(3)
An umbrella must annually give the superintendent the names of new, continuing,
and non-returning home schooled students whose instruction is (or was) under its
supervision. An umbrella must notify the superintendent if a change occurs
during the school year in the status of a home schooled student whose
instruction is under its supervision. Md. Regs. Code tit. 13A, § 10.01.05.B and
C
Teacher Qualifications: None.
Standardized Tests: Testing is not mandatory. Md. Regs. Code tit. 13A§
10.01.02.
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