A new Illinois bill aims to add some oversight of families who homeschool their children, a response to concerns that the state does little to ensure these students receive an education and are protected from harm.
The measure, known as the Homeschool Act, comes after an investigation by Capitol News Illinois and ProPublica last year found that Illinois is among a small number of states that place virtually no rules on parents who homeschool their children. Parents don’t have to register with any state agency or school district, and authorities cannot compel them to track attendance, demonstrate their teaching methods or show student progress.
Under the new bill, families would be required to tell their school districts when they decide to homeschool their children, and the parents or guardians would need to have a high school diploma or equivalent. If education authorities have concerns that children are receiving inadequate schooling, they could require parents to share evidence of teaching materials and student work.
Illinois Rep. Terra Costa Howard, a Democrat from a Chicago suburb who is sponsoring the legislation, said she began meeting with education and child welfare officials in response to the news organizations’ investigation, which detailed how some parents claimed to be removing their children from school to homeschool but then failed to educate them.
Read more: “No Schoolers”: How Illinois’ hands-off approach to homeschooling leaves children at risk
The investigation documented the case of L.J., a 9-year-old whose parents decided to homeschool him after he missed so much school that he faced the prospect of repeating third grade. He told child welfare authorities that he was beaten and denied food for several years while out of public school and that he received almost no education. In December 2022, on L.J.’s 11th birthday, the state took custody of him and his younger siblings; soon after, he was enrolled in public school.
“We need to know that children exist,” said Costa Howard, vice chair of the Illinois House’s child welfare committee. The legislation is more urgent because the number of homeschooled children has grown since the pandemic began, she said. “Illinois has zero regulations regarding homeschooling — we are not the norm at all.”
The most recent numbers available at the time of the news organizations’ investigation showed nearly 4,500 children were recorded as withdrawn from public school for homeschooling in 2022 — a number that had doubled over a decade. But there is no way to determine the precise number of students who are homeschooled in Illinois, because the state doesn’t require parents to register.
The bill would require the state to collect data on homeschooling families. Regional Offices of Education would gather the information, and the state board would compile an annual report with details on the number, grade level and gender of homeschooled students within each region.
Read more: Illinois lawmaker calls for strengthening protection for homeschooled children
Homeschool families and advocates said they will fight the measure, which they argue would infringe on parental rights. Past proposals to increase oversight also have met swift resistance. The sponsor of a 2011 bill that would have required homeschool registration withdrew it after hundreds of people protested at the Illinois State Capitol. In 2019, a different lawmaker abandoned her bill after similar opposition to rules that would have required curriculum reviews and inspections by child welfare officials.
The Home School Legal Defense Association, which describes itself as a Christian organization that advocates for homeschool freedom, said it plans to host virtual meetings to educate families on the bill and ways they can lobby against it.
Kathy Wentz of the Illinois Homeschool Association, which is against homeschool regulations, said she is concerned about the provision that would allow the state to review education materials, called a “portfolio review” in the legislation. She said visits from education officials could be disruptive to teaching.
“There is nothing in this bill to protect a family’s time so they can actually homeschool without interruptions,” Wentz said. She pointed to a 1950 Illinois Supreme Court ruling establishing that homeschooling qualified as a form of private education and that the schools were not required to register students with the state.
The bill would require all private schools to register with the state.
The Capitol News Illinois and ProPublica investigation found that it’s all but impossible for education officials to intervene when parents claim they are homeschooling. The state’s child welfare agency, the Department of Children and Family Services, doesn’t investigate schooling matters.
Under the proposed law, if the department has concerns about a family that says it is homeschooling, the agency could request that education officials conduct a more thorough investigation of the child’s schooling. The new law would then allow education officials to check whether the family notified its district about its decision to homeschool and compel parents to turn over homeschool materials for review.
The increased oversight also aims to help reduce truancy and protect homeschooled students who lose daily contact with teachers and others who are mandated to report abuse and neglect, Costa Howard said. Some truancy officials said that under existing law they have no recourse to compel attendance or review what students are learning at home when a family says they are homeschooling.
Jonah Stewart, research director for the Coalition for Responsible Home Education, a national organization of homeschool alumni that advocates for homeschooling regulation, said the lack of oversight in Illinois puts children at risk. “This bill is a commonsense measure and is critical not only to address educational neglect but also child safety,” Stewart said.
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