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Is it legal to let another mom hs your child?  

post #1 of 8
Thread Starter 
I'm just curious. We're in a situation right now where both dh & I *must work. I sah with my son until he was a year, and had intended to sah for as long as possible & hs'ing him when he needed to start ps. <he's 3.75 & we still hs, for the most part when I'm home, but obviously there's not too much to cover right now>.

Anyway...when dh & I realized I would have to work <it was kind-of an emergency situation> ds went to daycare. We realized *real quick* that we were never going to be happy with the 'daycare' environment & opted for one of our mutual friends to keep him during the day. The sitter has two boys, 2 & 1, and plans to homeschool her boys when they're old enough <she works with them now, but nothing 'strenuous', kwim?> My son is the only child besides her own that she keeps, and she asked me what we were going to do when it got time for him to be in school. I told her that I would *love* for her to homeschool him <she's got a bs in ECE> at least until dh & I got to a point where I could sah & homeschool him myself, but I didn't know if that was even legal...

SO...Is that legal? Would she have to start a 'school' of some sort? Would she have to pay taxes?? I just pay her under the table now, and would like to continue to do so if at all possible...??? Any ideas?

Thanks in advance!

Alayna
post #2 of 8
I don't see why it wouldn't be legal. Maybe in states where you have to present your cirriculum and meet with advisory boards etc but I think you could easily work around that too.

I have considered taking in others people children but no one wants topay what I am asking. :LOL here are the major points:

1) she isproviding you with daycare. and you are ahomeschooling your child. homeschooling takes on a bunch of different styles, can be done at any point during the day, for as many or as few days a week as you want (regardless of what any paperwork says) you can school at home or unschool or anything inbetween. In the end regardless of where your child goes to school, be at public school, private school or homeschool, you are totally responsible for thier education and at the end of the day it is up to you to mkae sure your child is learnign somehting. So it doesn't matter that she is doing the book work or arts and crafts projects with your child you are still the homeschooler and she is just a daycare provider. It doesn't even matter if she picks the cirriculum and send your child home with report cards and homework you are still responsible for making sure your child is educated. Most homeschoolers use an outside teacher to tteach thier children something at some point. wether it is music lessons, dance class, a sports coach, a neighbor teaching them about thier new puppies or grandpa teaching them woodworking. Kids learn from everythign around them. We as parents are still totally responsible for what they learn. anytime someone else is taing care of them they are just taking care of them even if they do happen to learn something.

2) Since she is doing nothing more than providing daycare she should be paid as a childcare provider (get reciepts, what you pay her is tax deductable), should file her taxes as a daycare provider (it is a freakishly high amount but she can also deduct her rent, utilities, food, supplies, anything she uses in the course of the day while watching your child, etc as daycare expenses. I could usually find a way to deduct most of our purchases and usually ended up paying very little taxes. Also there are a few extra forms to fill out that i was able to wade through with ease and the book "taxes for dumbies". no sweat. and said book is also deductable. She could probably get it from barnes andnoble with her educators discount card ) Also as a daycare provider sh3e sould get supplemental home insurance. I think it was about $5 a month.

3)filling out paperwork for the state etc. . .
a) rmember you are the homeschooler. When you register and it asks who will be giving instruction give your name.
b) if it asks for hours give hours you will actually be with your child. you can break it up to before and after work if there is a minimum requirement. even if you never lift a pencil during this time that is fine. I htink it is silly to try and devide your life into school hours and non-school hours. my children learn stuff all the time. I wouldn't feel one bit guilty about doing this. Even though your child will relisticlly doing the magority of what appears to be traditional schooling at someone elses house since you are still responsible for his education it will be your job to find out how his day went, what he learned, look at his work and fill in gaps as nessecary. (which brings up an important point of not stepping back from his education and let this other peson do all the work. you will still play a major roll) You are still the homeeducator, What your son does at her house is just fun stuff to keep a young mind active
c) if you have to fill in cirriculum be sure you get this one right. Talk to her. in general this is something you should discuss. I would worry about having my child with someone who had a masters in education because I really feel that is a hinderence to the natrual flow of home leanring. be sure she is willing to at least meet in the middle as far as what you want him to be doing and the approach you want her to take. I would want to be responsible for picking the materials my child uses to be sure they fit his personality and intrests and making lesson plans if nessecary that she would be willing to carry out. wither way, make sure you are on the same page and such and know what is going on exactly.
d) find out the laws ans come up with creative ways to meet them. If you have to provide a portfolio or meet with an advisor I would definitely do both of those yourself. It will h elp you to actually know where her is if you do the portfolio and you have no option really except to be the one whomeets with the advisor. But you do want to know, daily, what your son has been u p to so maybe have her keep a journal otr schedule 15-30 minutes at the end of each day to go over with her what exactly they have done.

I don't know how much you work but I know several moms who work and still manage to be the primary educator. The babysitter just babysits and maybe helps the child with some assignments/worksheets.reading books that sort of thing and she does the rest on her weekends and days off (3 days total). So that may also be an option.

good luck.
post #3 of 8
It depends at least partly on where you life.

In California, I generally advise people to call yourself the "teacher" and do all the records stating that. Don't even mention the other person on any forms. In this state, if you file the PSA (i.e., homeschool by becoming a private school) you are legally exempt form many of the regs relating to other private schools if teachers are only teaching their own children. onsider her a babysitter who does neat things with the kids, at least as far as the state is concerned.

Dar
post #4 of 8
Thread Starter 

Wow Sandra! THANKS!! :)

don't see why it wouldn't be legal. Maybe in states where you have to present your cirriculum and meet with advisory boards etc but I think you could easily work around that too.

I'm in Alabama, and as far as I know, there aren't any advisory boards, etc. My dh's cousin is hs'd and I was talking with her mom about it & she said it was reallllllly easy, as far as legality goes...<Our ps here are aweful! I know *lots* of people here who homeschool>

I have considered taking in others people children but no one wants topay what I am asking.

How much $$ are you asking? When talking to dcp, she said she would hs him for what we're paying now <$100/3 days/week> but I would be responsible for books/cirriculum/supplies, etc. That would be ok with me.

here are the major points:

1) she isproviding you with daycare. and you are ahomeschooling your child.

ITA--I would basically write the cirriculum <if we didn't go with something pre-packaged, etc> and I would basically give it to her to 'go over' during the day. I would really 'work' with ds at night/weekends if there was something he wasn't picking up on, etc. <he's a pretty smart cookie, tho, so I don't see this being a problem!!>

homeschooling takes on a bunch of different styles, can be done at any point during the day, for as many or as few days a week as you want (regardless of what any paperwork says) you can school at home or unschool or anything inbetween. In the end regardless of where your child goes to school, be at public school, private school or homeschool, you are totally responsible for thier education and at the end of the day it is up to you to mkae sure your child is learnign somehting.

ITA!

So it doesn't matter that she is doing the book work or arts and crafts projects with your child you are still the homeschooler and she is just a daycare provider. It doesn't even matter if she picks the cirriculum and send your child home with report cards and homework you are still responsible for making sure your child is educated. Most homeschoolers use an outside teacher to tteach thier children something at some point. wether it is music lessons, dance class, a sports coach, a neighbor teaching them about thier new puppies or grandpa teaching them woodworking. Kids learn from everythign around them. We as parents are still totally responsible for what they learn. anytime someone else is taing care of them they are just taking care of them even if they do happen to learn something.

ITA!

2) Since she is doing nothing more than providing daycare she should be paid as a childcare provider (get reciepts, what you pay her is tax deductable), should file her taxes as a daycare provider (it is a freakishly high amount but she can also deduct her rent, utilities, food, supplies, anything she uses in the course of the day while watching your child, etc as daycare expenses. I could usually find a way to deduct most of our purchases and usually ended up paying very little taxes. Also there are a few extra forms to fill out that i was able to wade through with ease and the book "taxes for dumbies". no sweat. and said book is also deductable. She could probably get it from barnes andnoble with her educators discount card ) Also as a daycare provider sh3e sould get supplemental home insurance. I think it was about $5 a month.

Thank you for this info! I never realized that rent could be taken out as an expense...What about mortgage? Would that work the same way? I just never said anything to her about taxes, cause I didn't want it to cause them to have to pay more to the gov't than necessary, but I *do* miss that $$$ we get back on our taxes from daycare expenses!! I'm going to get her to grab that book & look into filing taxes, etc. Seems like it might benefit BOTH of us! Thanks!!

3)filling out paperwork for the state etc. . .
a) rmember you are the homeschooler. When you register and it asks who will be giving instruction give your name.

Will DO!

b) if it asks for hours give hours you will actually be with your child. you can break it up to before and after work if there is a minimum requirement. even if you never lift a pencil during this time that is fine. I htink it is silly to try and devide your life into school hours and non-school hours. my children learn stuff all the time. I wouldn't feel one bit guilty about doing this. Even though your child will relisticlly doing the magority of what appears to be traditional schooling at someone elses house since you are still responsible for his education it will be your job to find out how his day went, what he learned, look at his work and fill in gaps as nessecary. (which brings up an important point of not stepping back from his education and let this other peson do all the work. you will still play a major roll)

ITA on that last sentence...right now, he just basically plays dirt & dumptrucks & stick throwing & campfire building <you get the pic!> when he's with her, and I *like it* that way! I would like for her house to be more of the 'eclectic/unschooling' variety <this is what she wants for her boys too...the reason she's sah with them instead of taking them to school with her!> Like I said before, I can teach him everything he needs to learn <heck, he picks up on stuff that we haven't even 'gone over' just from everyday activities!> and I would certainly hold myself responsible for his 'education'...

You are still the homeeducator, What your son does at her house is just fun stuff to keep a young mind active

ITA!

c) if you have to fill in cirriculum be sure you get this one right. Talk to her. in general this is something you should discuss.

Certainly. Not only is ds' dcp his dcp, she's been a 'friend of the family' for a while <we went to school together, grew up together, etc> I stay over there for about an hour everyday when I pick him up <he goes T-Th> and we just chat about him/her boys/just everything. I'm sure this would be the same when we got into more detailed work, etc.

I would worry about having my child with someone who had a masters in education because I really feel that is a hinderence to the natrual flow of home leanring.

She is TOTALLY understanding of this. I think she was a bit turned off by some of the things she was taught in school, and what she actually read for herself in child psychology books, etc. She's totally going 'unschooling' with her boys, and I'm sure this is what we'll do mostly for our ds too. Oh--she taught for 3 years before her boys were born too, so she realizes the hinderances that 'system' can have on a child. She's btdt, kwim?

be sure she is willing to at least meet in the middle as far as what you want him to be doing and the approach you want her to take.

ITA--we're pretty much on the same page now, and kindof make decisions for our boys by consulting with each other first <kindof a tag-team mommy approach We think WAY alike on everything...>

I would want to be responsible for picking the materials my child uses to be sure they fit his personality and intrests and making lesson plans if nessecary that she would be willing to carry out.

ITA...my boy is muuuuuch more 'gross development skill' centered than her two. He *has to be active, and learns MUCH better when he's gotten all that energy OUT! He's always been a big reader <ok, I've always read to him LOTS> and he will sit & read books OVER & OVER & OVER...that's how her boys are too, but they don't seem to need all the running around/being boys before they can sit & read, etc. But--she gives them that opportunity also...just because, ya know?

wither way, make sure you are on the same page and such and know what is going on exactly.



d) find out the laws ans come up with creative ways to meet them. If you have to provide a portfolio or meet with an advisor I would definitely do both of those yourself. It will h elp you to actually know where her is if you do the portfolio and you have no option really except to be the one whomeets with the advisor. But you do want to know, daily, what your son has been u p to so maybe have her keep a journal otr schedule 15-30 minutes at the end of each day to go over with her what exactly they have done.

ITA! Will DO!

I don't know how much you work but I know several moms who work and still manage to be the primary educator.

I work 40hrs a week/M-F. I go in at 6a and work till 2:30p. DS doesn't go to bed till 8, and has usually had a nap before I pick him up, so we have a good 5 hours <discounting dinner/bath/etc> that we can play/learn/etc. Plus--WEEKENDS!

The babysitter just babysits and maybe helps the child with some assignments/worksheets.reading books that sort of thing and she does the rest on her weekends and days off (3 days total). So that may also be an option.

I know this can work. I really just needed to know if this was 'legal'...but thank you SO MUCH for all of this information. You have helped me IMMENSLEY and I want you to know that I appreciate your thoughts! Thanks, Mama!!

good luck.

Good Luck to U & Yours TOO!!

Alayna
post #5 of 8
deducting mortage: I can't remember what the deal with that was but it was different. It might be worth it to call h&r block of if she already has someone who does her taxes call them. My main point was that even though there are a butt load of taxes imposed on home daycares (and they must file if you want that childcare credit/deducation) you can usually get that total way down by taking all the deductioins you are entitled to. I could deduct 100% of the rent I paid for 55 hours a week. The first year I came up with a loss and was able to deducuct the leftovers on my next years return. beautiful! but you can only take a loss 3 years in a row before it becomes a hobby and you have to pay taxes on the full amount you bring in. but $1 is a profit

anyhoo, I was going to charge $125 for full time care. I charge $4 an hour for part time. i don't charge extra for homeshcooling. I figure by the time they are old enough to learn to read they are old enough to wipe thier butts so it all works out. (I used to give a discout once they were fully potty trained - as in I no longer had to help them exept in emergancies but now that I am educating them. . . . )

and if you are unschooling minded then you really have no reason to worry. What is going to be different between the time he is there and when he is with you as far as the bulk of his education goes? nothing. that actually makes the legal issue of it and what you put on the forms etc. . . much easier IMO.
post #6 of 8
Dreamer, it appears that using your dcp would actually be a MORE legal option (unless you are a teacher, yourself).

Alabama has two homeschooling options: Use a church school as an umbrella, or use a private tutor. The private tutor must be a certified teacher.

NHEN Alabama Homeschooling

HSLDA Alabama Homeschooling

Alabama: A Legal Analysis

I don't know if you are already aware of this, but the compulsory attendance age in Alabama is seven. So you don't have to notify anyone for three more years.
post #7 of 8

can someone answer this for Oklahoma

too> sorry to hijack your thread
My neighbors gd needs someone for her high school entrance dd and I don't know much about Oklahoma laws being in Tx etc
she lives in OKC
post #8 of 8
Sure someone else can "homeschool" your dear child!!

It would be like hiring a tutor.

I know of many homeschooling high school parents who swap subject matter...one teaches math, another English, another music, history, or art...it works!!
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