IAHE receives questions related to a variety of home education questions. We are currently seeing a surge in the number of inquiries from families whose children are in public school. IAHE recently received a question relating to expulsion from a government (public) school. The answer below from HSLDA attorney, Tj Schmidt, is for general information purposes only and for anything specific to a particular situation a family should contact HSLDA to receive legal advice.
Depending on the situation, a child who is “in danger of being expelled” may not be able to stop this process simply by transferring the child. However, if the parent is wanting to educate their child at home they should transfer them (and in this situation it is suggested to report enrollment with the Indiana Department of Education. Please note that reporting enrollment with the department is not mandated in statute). Transferring a child from school will not wipe the slate clean. Any problem they had in the public school will remain and reappear when they re-enroll in the public school. A parent cannot use homeschooling as a way to fix poor grades in school, unexcused absences, or disciplinary action. In most cases if a student has done something that triggers the expulsion process, the school corporation will formally expel the child even after they have transferred (in some instances a school has restricted transfer until after the expulsion has run). A school corporation cannot prevent you from educating your child at home (unless they are pursuing one for truancy and the court orders the child to remain in school) but they can prohibit you from coming back (for a period of time). In order for them to ensure that the child is not able to return to school for the period he/she has been expelled, the school corporation may need to initiate the expulsion first and then transfer the child after he/she can be reinstated. Generally, this does not prevent the child from being educated at home.
IAHE Indiana Association of Home Educators