ILLINOIS
Homeschoolers Holding Their Own
This year Home School Legal Defense Association member families have been faced with policies that exceed the law from several school districts throughout the state. The Regional Office of Education in Charleston, Illinois, informed an HSLDA member that they must provide "a daily schedule of instruction of five hours or more." Such a requirement is not mandated by law. They also demanded that the family submit a "class schedule and a school calendar for the rest of the school year" and fill out the "Nonpublic Registration, and Staff Report" form. Many other school districts are attempting to mandate the completion of this form as well. The form, however, is not required by law. HSLDA will provide copies of a "sample letter," which can be used instead of the form, to members who are contacted.
The Lake County Regional Office of Education recently indicated that "if in the judgment of a public school of residence or the Lake County Regional Superintendent of Schools the home instruction given by the parent is not commensurate with the standards prescribed for the public schools, the case will be investigated." (Emphasis added.) Under the law homeschoolers need only provide instruction in the "same branches of education" as taught in the public schools.
The Bloomington school district informed an HSLDA family that "case law and the school code placed the burden on the parents or guardians to show that they have, in good faith, provided their child an adequate course of instruction in prescribed branches of learning." This is inaccurate. Nothing in the statute or case law indicates that parents must carry the burden of proving that they have a "course of instruction." The burden is on the school district to prove that the parents are not providing instruction in the same branches of education as the public schools. In other words, a homeschooler is presumed innocent until a school district has evidence to prove that they are not in compliance with the law.
In addition, a Bloomington school district official stated, "if in the judgment of the public school of residence and myself, the home instructions given by the parent are not commensurate with the standards prescribed for the public school, then the case will be referred for truancy proceedings." These types of veiled threats are uncalled-for intimidation tactics. Homeschoolers have the right to operate freely in the state of Illinois, and they do not have to be approved according to the arbitrary judgment of the Superintendent of the Regional Office of Education.
In every instance, HSLDA was able to counsel the families to respond in accordance with the minimal requirements of the law. As of this date, the school districts have backed down from their attempts to approve or disapprove home school programs. In addition, the many families who chose not to provide the Nonpublic School Registration Form have been left alone.
Illinois Appellate Court Decision
The Illinois Appellate Court, in the case entitled In re Marriage of Riess, ruled in favor of a home school mother who had lost custody of her child based on the issue of home schooling. Attorney Richard Baker of Chicago represented the mother on appeal. HSLDA provided some financial assistance and legal advice in the case.
The Riess case held that the trial court improperly shifted the burden to the wife to prove that home schooling the child was in the child's best interest. Therefore, the court remanded the case back to the trial court so that the burden of proof would be properly applied on the former husband. This case is helpful, because it makes it more difficult for an ex-husband or wife to try to gain custody over the issue of home schooling.
