Families today are given the freedom to choose the education their child receives, from traditional public and private school, to homeschooling. Homeschooling is defined as educating one’s children at home rather than sending them to traditional public or private schools.
For those who chose to homeschool, it can provide the benefit of a flexible schedule and allows parents to have a greater say in their child’s educational development and experiences. While homeschooling offers great potential, it has no regulating body and can fall through the cracks when it comes to accountability as to how a child is actually being educated. If a homeschool parent does not educate their child according to specific local, state, and federal standards, is anyone responsible for prosecuting the parent?
What is Meant by ‘Not Educating’?
When the topic of homeschooling is explored, particularly in circumstances where a parent is neglecting to educate their child, it is important to understand what is meant by ‘not educating’. As with any educational setting, there are specific areas of instruction, as well as specific benchmarks of achievement, associated with each grade level.
Failing to teach any of these core subjects – or keeping a student stuck at a particular grade-level year after year – is not considered to be in the best interest of the student. Therefore, it would be assumed that the parent is not properly educating their child.
Who Would Be Responsible for Prosecuting the Homeschooling Parent?
The big questions is who, if anyone, is responsible for prosecuting parents who choose to homeschool but don’t actually provide an appropriate education to their children? The standards of what is considered a suitable education are different from state to state, so it can be hard to determine a line of responsibility. In some states, like South Carolina and Wisconsin, homeschool regulations are quite lax and there are no mandated standardized tests for homeschoolers.
As a result, it can be difficult to tell if a homeschool parent is meeting the educational requirements in the state. On the other hand, other states have laws in place which require homeschooling families to register their homeschool program with the state each year.
In the majority of states, new homeschooled students must also take a standardized achievement test in at least three core subjects like Math and English – a prerequisite to determine their current academic level. Therefore, it could be possible that prosecuting a homeschool parent for not educating their child could fall to the educational agency in their state.
This educational agency would be responsible for monitoring each homeschooling family’s compliance with state regulations, and if they believe that a family is not providing the required instruction, they may investigate or refer the case to the courts.
Should Other Family Members be Allowed to Step In?
Another potential point of intervention could be family members of the homeschool parent and student. In circumstances where outside help is required, it is often family members who can reach out and put additional resources in place to provide the student with a suitable education. This could be done through something as simple as hiring a tutor or distance learning instructor to provide the student with an appropriate education.
However, legal recourse could be very tricky when it comes to family members intervening in a homeschooling situation, as the parent of the child is ultimately the one responsible for their education.
Are There Consequences for Homeschool Parents Who Do Not Educate their Child?
With the majority of states following regulations and guidelines as it relates to homeschooling, any parent who does not comply with these rules could face criminal charges. Depending on the state, homeschooling families that are convicted of educational neglect can receive a criminal record, fines, jail time, and even have their children taken away and placed in protective custody.
Therefore, it is important for a homeschool parent to take seriously the responsibility of educating their children. If a parent simply fails to follow the regulations and doesn’t provide their child with an appropriate education, they could face serious consequences.
What Options Are Available To Homeschooling Parents?
When considering the option of homeschooling, it is important that parents are well-informed of their responsibilities and the laws in their state. It is also important for parents to make sure that – if they choose to homeschool – they can provide the necessary resources for their child to get an education that meets local, state, and federal standards.
Homeschooling families can also take advantage of different types of support systems available. These can include support groups, homeschool cooperatives, and even online instruction and tutoring services to ensure their child receives the education they need.
What are Some Warning Signs of a Perilous Homeschooling Situation?
When it comes to identifying a parent who is not providing their homeschooled child with an appropriate education, there are some warning signs to look out for. These can include a reluctance to let outsiders observe the learning environment or for a homeschooled student to perform poorly in educational achievement tests. Parents who don’t review educational performance, provide tutorials, and take part in extracurricular activities also should be monitored.
Other issues pertinent to homeschooling would be difficulty communicating instructions to the child, not meeting curriculum goals and objectives, and not documenting educational records correctly.
Can a Protective Agency Get Involved?
Depending on the severity of the homeschooling situation, a protective service – whether at the local, state or federal level – may have to intervene in a particularly dire homeschool situation. Protective services can range from Child Protective Services (CPS) to Social Services and even the Department of Justice. These agencies have the right to investigate a homeschool family and make an educated determination as to whether or not a parent is providing an appropriate education to their homeschooled child.
They also have the right to refer a family to the courts if they believe their child needs to be removed from the home and placed into protective situations.
Is Homeschooling Legal in Every State?
Homeschooling is now legal in all 50 states, however, the regulations and laws governing homeschooling vary from state to state. There are currently 11 states that require homeschoolers to register with the state and 10 states that require homeschooled students to take standardized tests. It is important for parents to familiarize themselves with the regulations in their state, depending on what type of homeschool program they intend to undertake.
Are There any Special Mentionable Provisions Related to Homeschooling?
Depending on the state, a homeschool parent may be required to have a bachelor’s degree or other formal education qualification to homeschool, while in other states they may be required to provide proof that they are a qualified teacher. There also may be special provisions related to homeschoolers who wish to participate in interscholastic activities and sports, or to receive publicly funded vouchers to enroll in private schools. It is important for parents to understand what their rights are as homeschoolers in their state so that they do not break any laws inadvertently and risk facing legal repercussions.
Can Private Schools and Public Schools Work Together to Help Homeschoolers?
In certain instances, there may be specific circumstances where private schools and public schools can work together to provide a homeschooled child with an appropriate education. This could involve creating dual-enrollment programs where a homeschooled student can be enrolled in both the public school and a private institution. In this way, it offers the student the opportunity to pursue both public and private lines of instruction to meet all educational requirements.
This could also provide the benefit of allowing a student to receive an education in subjects not offered by other local or online homeschool programs.
What Happens If a Homeschooled Child Does Not Achieve the Appropriate Educational Benchmarks?
Depending on the state, homeschool parents may be held responsible if their child does not meet the necessary academic benchmarks of their grade level. The best way to avoid this is to stay informed of the different regulations and requirements in the state and to make sure that a qualified instructional plan is being put in place. This can include properly documenting student performance and educational records, attending classes and tutorials, and using suitable home-based educational materials.
By creating a system of accountability, it will help ensure that a homeschooled student does not fall behind their peers in regards to educational benchmarks and development.
Should States Have More Oversight of Homeschool Programs?
The debate about the efficacy of homeschooling versus traditional public and private schooling has been going on for decades. Opponents of homeschooling often argue that homeschooled children could be vulnerable to abuse without proper oversight from a regulating body.
However, proponents of homeschooling argue that parents are the ones best suited to make decisions regarding their child’s educational development and that states should not have more controlling aspects. States have their own set of generic regulations, but it depends upon individual parents and homeschool households to provide the educational opportunities and learning environment a student needs.
Conclusion
Homeschooling is a great way for parents to provide their children with an alternate means of education that can be tailored to their needs. However, homeschool parents must be aware of the many state and federal regulations that come along with providing their children with an appropriate education. Failing to do so could result in serious legal repercussions, including criminal charges and their child being placed in protective custody.
Parents should familiarize themselves with the specific laws in their state and make sure that the appropriate instruction, resources, and assessments are being put in place for homeschooled children in order for them to achieve appropriate educational benchmarks and placement.