Part-time/Ancillary Services
By law a home-based student is allowed access to any public school for instructional classes or non-instructional services which are referred to as ancillary services (RCW 28A.150.350, WAC 392-134). The state defines those who use ancillary services as part-time public school students so local school districts can claim funding from the state. This funding is based on the hours for the class/activity the student participates in. However, school districts cannot claim additional funds for ancillary services, such as sports. According to state rules, anything less than full-time hours are considered part-time.
Due to the possible negative consequences of any involvement in government schools, we urge homeschoolers to seek resources in the private sector.
Two laws play a role in this discussion:
(1) Compulsory School Attendance law, which requires a student to be enrolled in a public school unless they are receiving home-based instruction or are in a private school (28A.225 RCW).
For purposes of meeting compulsory attendance requirements, a student is enrolled in a public school, or is enrolled in a private school or is receiving home-based instruction (from OSPI ‘s Washington State Laws Regulating Home-Based Instruction handbook 8/01).
(2) Part-time enrollment law, allows home-based or private school students to enroll part-time in a public school for instructional or non-instructional services. The local school district can claim funding from the state (RCW 28A.150.350 and WAC.392-134).
Is a home-based student who enrolls part-time in the public school a home-based student or a public school student?
A home-based student enrolled part-time in the public school is counted as a homeschool student and is funded as a part-time public school student.
In a recent Ohio federal district court case the judge ruled that a private charter school was a public school and therefore under public school state laws. We urge you to read about this case at the following link: http://www.hslda.org/hs/state/oh/200306060.asp Interpretation could be left up to the local public school officials or the state superintendent’s office. In the Ohio case, one of the criteria that the judge used was to determine where the funding was coming from. Since the funding came from taxpayer dollars, the school was then considered a publicly funded school. This puts the private charter school under public school laws.
This appears to be a slippery slope for parents who have entangled themselves in these programs.
Can a school district deny part-time access to a home-based student? According to RCW 28A.225.225 under certain conditions they may.
(3) Except as provided in subsection (1) of this section, all districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in the district experiencing a financial hardship;
(4) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).
This law makes it clear that a school district must notify you in writing as to why access is denied. If your school district or a program run by a school district has denied your child access we suggest, (1) that you request a copy of the school district policy and (2) complain to your local school board.
Preserving homeschool freedoms for today and tomorrow!
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Updated 06/06