The following suggestions will be useful for many Indiana families wishing to withdraw their children from public school and transfer them to a home-based private school, or home school. Every family’s own situation is different, however, and you may, therefore, first wish to obtain legal advice. These suggestions do not constitute the giving of legal advice.
1. Send a letter to the principal of the public school your child is currently attending.
2. Include your name and address and the name of the children who are going to be homeschooled.
3. The body of the letter may say, for example: “We will be withdrawing our children from your school as of (date of withdrawal) and transferring them to the private school based in our home. Please send their records. The name of our private school is (name of school). In State v. Peterman, 70 N.E.2d 50 (1904), the Indiana Court of Appeals recognized that the Indiana compulsory attendance statute allows for the operation of a private school in the home. Our school meets all of the requirements mandated by the Court of Appeals in the Peterman case. Our school will meet for the same number of days the public schools are in session. Our school keeps attendance records as required by law.”
4. Note: A child is no longer subject to compulsory attendance law after he reaches his 18th birthday. A child who has reached his 16th birthday is not subject to compulsory attendance law if certain requirements are met as described in or IC 20-8.1-3-17 (j) (or IC 20-8.1-3-17.7, if SB 367 is enacted). One of the requirements is that the student’s principal consent. For a student enrolled in a home-based private school, the principal will usually be the mother or father.
© Home School Legal Defense
(Your Street Address)
(Your City, Indiana Zip Code)
(Old School’s Name)
(City, State Zip Code)
Dear (Mr. Principal’s Name):
This letter is to inform you that (Child’s Name) will be withdrawing from (Old School). (Child’s Name) will be enrolled at (Homeschool Name) which is a private school.
Please send (Child’s Name) records to the following address:
(City, Indiana Zip Code)
Thank you for your assistance.