Nearly two million children in the United States are being taught at home, and that number continues to grow. As home schooling becomes more popular across America, more and more military and Department of Defense (DoD) civilian families are turning to this educational alternative as confirmed by Kim Christman legislative liaison of HEART, a military home school support group based in Germany.
Since military personnel are frequently transferred to train or serve at different bases across the country and throughout the world, their children must adjust to a new school with each move. For some children, these moves threaten their sense of security and weaken their self-confidence. Such interruptions in the continuity of life can have a detrimental effect on educational progress.
Home schooling is a logical choice for families in the military, providing a stable environment in the midst of frequent change. More importantly than the academic continuity is the opportunity to develop close-knit family bonds-the most secure support system children can have.
Military families considering home schooling often have questions. Is it legal? Yes. Does their academic program have to be approved or regulated by the DoD? No.
In spite of the advantages to home schooling in the military, some military officials, especially overseas, have challenged the right to home school, and have used excessive restriction or intimidation to deter families from pursuing that course. The Home School Legal Defense Association regularly works on behalf of member families faced with questions or conflicts on military bases.
For example, on November 6, 1989 the commander of an Army base in Augsburg, West Germany issued a memorandum (which he later rescinded) condemning home schooling. Local home schooling families resisted his memo and the Secretary of Defense and Judge Advocates offices were contacted. After these offices reviewed and interpreted the Status of Forces Agreement (SOFA) Article I, Department of Defense Dependent Schools (DoDDS) [20 U.S.C. § 921-932], and DoD Directive 1342.13, they issued the following response:
Public education within the United States is a matter which our constitutional system leaves to the discretion of each State. Each State, therefore, makes its own laws pertaining to education. These laws are binding on all persons within the State's border, including the dependents of the Department of Defense (DoD) (including the Military Services). The Secretary of Defense does not have the legal authority to issue the kind of regulatory exemption from State education law. The DoD has a specific statutory authority to operate a school for DoD dependents who are assigned overseas.
Our statute, unlike the many State statutes which do not apply overseas, does not compel the attendance of any DoD dependent in DoD Dependents Schools. Therefore, a dependent may choose not to enroll in our program (DoDDS) and to elect, instead, an alternative enrollment; for example, a foreign language school, a private school, or in a home schooling program. Our statute imposes no duty on the DoD to finance the cost of any alternate educational benefits. For these reasons, there is no reason for the Secretary to issue a regulation…regulating home schooling for overseas DoD dependents.
Mandatory school attendance laws are creations of state legislatures. Such laws are common throughout the United States and Germany. The children of US military and DoD civilian personnel assigned to Germany, however, are not subject to state mandatory attendance statutes of the US because the children do not reside in any of the fifty states. The children are not subject to German mandatory attendance laws because of NATO status of forces agreement.
Other US citizens residing in Germany (e.g. missionaries), however, are subject to German mandatory attendance laws. The Department of Defense provides Dependent Schools (DoDDS the educational services for the children of US forces Dependent Schools (DoDDS). The law which authorizes DoDDS (20 USC 921-932) is a federal law and does not address mandatory attendance. The implementing directive (DoD Directive 1342.13) for the statute does not require mandatory attendance either.
In summary, military families do have the right to home school. If a military home school family resides in the United States, they must abide by the state's compulsory attendance law. If the military family lives on foreign soil, however, they are not under the jurisdiction of the foreign country's compulsory attendance law. Nor are they under any regulatory authority of the DoD.
Military home school families, therefore, have no obligation to seek approval of the DoD to home school. A family simply needs to secure a curriculum and begin home schooling.
And,HSLDA is currently working on a solution for those who want to receive supplemental education services through the DoDDS schools. The House Armed Services Committee included the following directive in their report on the FY00 DoD Reauthorization Act:
The committee believes that Department of Defense Overseas Schools (DoDDS) should support military families who decide to home school their children to the extent possible. While the committee agrees that a commander’s responsibility to manage an overseas community and a family’s obligation to observe host nation laws render home schooling overseas more challenging than when conducted in the United States, the committee supports responsible school choice for military families. The committee is aware that the Department of Defense Education Activity (DoDEA) claims that it fully supports home schooling. DoDEA’s published material and the actual experiences of some parents belie that claim, however. The committee believes that DoDEA should take a more proactive approach in establishing a clear policy and providing parents available information about available DoDEA support for home schooling overseas, rather than merely directing parents to the overseas commander. To that end, the committee directs the Secretary of Defense to develop clear policy on support for home schooling overseas. That policy, which would officially implement what DoDEA representatives state is actual practice, should specify that home schooled students may be supported with library services, music, sports, single classes, and other programs without having to actually enroll in DoDDS. The committee directs the Secretary to provide the Senate Committee on Armed Services and the House Committee on Armed Services with the new policy directive by October 1, 1999.
This simply means that the DoD is required to create an equal access policy for home schoolers without requiring formal enrollment of home school students in the DoDDS schools.
On September 22, 1999, Chris Klicka, Senior Counsel of HSLDA met with staff of the House Armed Services Committee and the Director of the DODEA to offer a recommended equal access policy.
After discussing the many benefits and successes of home schooling, Klicka explained the importance of using policy language which prohibited any DoD school from refusing to make auxiliary services available military dependents educated in a home school. The term “auxiliary services” would include academic classes, access to the library, after-hours use of the facilities, and participation in extacurricular and inter-scholastic activities, such as music and sports programs. Furthermore, home schoolers who registered for these auxiliary services would not have to enroll in the DoD school nor meet any additional eligibility requirements than DoD school students.
The Director of DODEA, Ray Tolleson and the Committee staff members were completely receptive and agreed to virtually all these proposals. By the end of the year, the new equal access policy will be in place.
Home schooling is not for everybody-but it is for anyone willing to make the commitment to and sacrifice for his or her children. American military families are thankful to have the freedom to choose home schooling.
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