Pennsylvania Private Tutor Statute: The Alternative to the Home Education Program

When most Pennsylvania families research homeschooling, they quickly land on 24 PA C.S. §13-1327.1 — the Home Education Program. This is the framework that requires a notarized affidavit, an annual evaluator review, standardized testing in grades 3, 5, and 8, and the portfolio system that defines Pennsylvania's reputation as a high-regulation state.

What far fewer families know is that Pennsylvania also offers a second pathway: 24 PA C.S. §13-1327, the Private Tutor statute. This alternative legally satisfies compulsory attendance with dramatically fewer administrative requirements — but it comes with a significant prerequisite that immediately narrows who can use it.

What the Private Tutor Statute Actually Says

Under 22 Pa. Code §11.31 and 24 P.S. §13-1327, a child's compulsory attendance obligation is satisfied when they are instructed by "a properly qualified private tutor." Pennsylvania defines "properly qualified" in one specific way: the tutor must hold a valid Pennsylvania teaching certificate.

That requirement is both the statute's greatest strength and its clearest limitation. If you — the parent — hold a current PA teaching certificate, you may use the private tutor pathway to homeschool your own children. If you do not hold that certificate, the pathway is unavailable to you regardless of your educational background.

What You Are Not Required to Do Under §13-1327

This is where the private tutor statute becomes genuinely significant. Families who qualify are not required to:

• File a notarized affidavit (or unsworn declaration) with the school district superintendent each August
• Submit educational objectives outlining the year's proposed curriculum
• Maintain a portfolio under the §13-1327.1 structure
• Document 180 days or 900/990 hours of instruction in a legally reviewable format
• Hire an independent evaluator to conduct an annual portfolio review
• Administer standardized tests in grades 3, 5, and 8
• Submit any end-of-year certification letter to the district

The annual portfolio review cycle — the process that generates most of Pennsylvania's homeschool compliance anxiety — simply does not apply. There is no evaluator to hire, no June 30 deadline to meet, and no superintendent to submit documentation to at year's end.

What You Are Still Required to Do

Eliminating the portfolio and evaluation cycle does not mean operating in a regulation-free environment. Families using the private tutor statute still carry genuine legal obligations.

The tutor must file two documents with the district superintendent before commencing instruction each year. First, a copy of their valid Pennsylvania teaching certificate. Second, a Pennsylvania criminal history background check (PDE form 6004). These must be renewed annually — the statute does not allow a one-time filing that covers subsequent years.

Beyond filing requirements, the instructional substance must still satisfy state standards. The private tutor is expected to provide instruction in the same mandatory subjects required under the Home Education Program: English, arithmetic, science, geography, U.S. and Pennsylvania history, civics, health, physical education, music, art, and fire safety at the elementary level, with expanded subject requirements at the secondary level. The minimum instructional time standard — 180 days or 900/990 hours — also applies.

The difference is that these requirements are largely self-enforced. Without a required annual review, there is no external auditor examining whether fire safety was taught or whether all subjects were addressed each year.

The Certificate Requirement in Practice

Pennsylvania issues several categories of teaching certificates: Instructional I (the standard initial certificate), Instructional II (permanent certificate), Emergency Permits, and various specialist certifications. For purposes of the private tutor statute, a valid, currently active certificate in any instructional area is generally sufficient — you do not need certification in every subject you teach.

The critical word is "valid." Lapsed, surrendered, or revoked certificates do not satisfy the requirement. If your certificate is on administrative hold or was issued by another state without Pennsylvania reciprocity, you cannot use the private tutor pathway until the credential issue is resolved with the Pennsylvania Department of Education.

Approximately 6.5% of Pennsylvania homeschool supervisors under the Home Education Program identify as current or former certified teachers, according to survey data from Pennsylvania homeschool advocacy organizations. This suggests the pool of families who could technically access the private tutor pathway is meaningful but still a minority of the total homeschool population.

How Districts Respond to Private Tutor Filings

Because the private tutor pathway is less commonly used than the Home Education Program, some district administrators are unfamiliar with it. You may encounter clerks who attempt to route your private tutor filing through the Home Education Program workflow, demanding an affidavit or educational objectives that the statute does not require.

If this happens, a polite citation to 22 Pa. Code §11.31 and 24 P.S. §13-1327 — along with the two required documents — is the appropriate response. The statute is unambiguous: the filing of the certificate copy and criminal history record completes your legal obligation to the district.

You are not required to provide educational objectives, curriculum descriptions, or any documentation the district might request beyond what the statute explicitly enumerates.

Comparing the Two Pathways

When the Private Tutor Statute Matters Most

For families who do hold the qualifying certification, the statute can eliminate years of evaluator anxiety, testing logistics, and portfolio assembly. The peace of mind that comes from operating outside Pennsylvania's portfolio review cycle is considerable — and for families who have experienced adversarial district interactions or overzealous evaluators, that freedom is genuinely valuable.

For the majority of Pennsylvania homeschool families who do not hold a current PA teaching certificate, the private tutor pathway is academic knowledge rather than a practical option. Understanding it still matters: knowing that the private tutor pathway exists — and why it has different requirements — clarifies the logic of the portfolio system and why the Home Education Program is structured the way it is.

If you are operating under the Home Education Program and navigating portfolio assembly, standardized testing logistics, and the annual evaluator review, the Pennsylvania Portfolio & Assessment Templates provide a structured, legally grounded system for building a compliant portfolio efficiently — regardless of your educational background or your district's enforcement style.

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