“As Americans, we must examine these threats to homeschooling, especially since our nation embraces diversity. If we are to pride ourselves on diversity, we should fight for educational diversity.” (Kreager, 2010, p. 246)

“All 50 states currently protect homeschooling in some respect or another. However, several parent and interest groups in the homeschooling field express concern that the comfortable position they enjoy may be in jeopardy. For example, a 2006 European Court of Human Rights decision upheld Germany’s ban on homeschooling, troubling homeschooling advocates who fear the decision might pave the way for a homeschooling ban in the United States.”

Although these advocates do not seek to ban homeschooling altogether, they insist on strict regulation of homeschooling. Within the category of increased regulation, compulsory attendance statutes particularly concern homeschooling advocates

Introduction

“In the years following the adoption of the Constitution, people viewed homeschooling as a parental right and responsibility.” (Kreager, 2010, p.228)

“By requiring children to attend public schools, compulsory attendance laws allowed public education advocates to flout the traditional parental right to determine the appropriate education for children.” (Kreager, 2010, p.229)

"States using these laws regulate homeschooling as an arm of the private school system." (Kreager, 2010, p. 234)

A Proposal for More Effective Homeschooling Legislation

“This type of regulation explicitly addresses homeschooling, which is the primary difference between this category of regulation and the other two categories.” (Kreager, 2010, p. 240)

“The first option utilizes Pennsylvania’s homeschooling statute, which allows parents to homeschool their children so long as they meet numerous requirements.” (Kreager, 2010, p. 244)

"In Ohio, where the state's Supreme Court classified homeschooling as a fundamental right, children may receive home education "by a person qualified to teach the branches in which instruction is required." Additionally, parents wish to home school their children; assurance that parents will teach certain subjects; an outline of the intended curriculum and assurance of the parents qualifications to teach the children." (Kreager 2010 p.240)

“Michigan’s Parental Rights Act further bolsters a parent’s right to homeschool in Michigan. This Act classifies a parent’s right to control the education of his or her children as a “natural, fundamental right.”” (Kreager, 2010, p. 242)

“Michigan law leaves a parent’s right to homeschool largely unrestricted.171 Parents do not need to notify or seek approval from the school district.172 Further, standardized testing requirements do not apply.173 Finally, parents do not need teacher qualifications prior to homeschooling their children.174 In fact, the Michigan Supreme Court held in People v. DeJonge that teacher qualifications are unconstitutional when they interfere with a parent’s free exercise clause rights (Kreager 241)”.

“In Iowa, homeschooling is legal so long as the parent or legal guardian provides “competent private instruction.”185 Three aspects apply to the statutory definition of competent private instruction.186 First, parents must provide instruction on a daily basis.187 Second, children must receive at least 148 days of instruction per year, with at least 37 days of instruction provided each quarter.188 Third, the instruction’s design must result in the student making “adequate progress.” (Kreager 242)”.

“In addition to the requirement that parents provide competent private instruction, only a licensed instructor190 or the child’s parent or guardian may provide instruction under Iowa’s homeschool statute.191 Parents must meet three requirements if they wish to instruct the child.192 First, parents must provide a detailed report for the local school district that includes an outline of course study, the child’s immunization records and blood lead test results, and a list of textbooks that are used.193 Second, parents must evaluate the child annually to determine the child’s academic progress.194 Finally, the parents must report to the local school district the results of the child’s annual performance review no later than June 30 of each school year (Kreager 243)”.

“Teacher qualification requirements or standardized test requirements do not apply under Connecticut law. In addition, Connecticut law does not require parents to notify school officials of their intent to homeschool.”

“[E]ach parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools (Kreager 237)”.

“Like Connecticut, Massachusetts utilizes equivalency laws to regulate homeschooling.134 Parents wishing to homeschool their children in Massachusetts must obtain approval from the local school superintendent or school committee (Kreager 238)”.

“Every parent, guardian or other person having custody and control of a child between the ages of six and [sixteen] years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school (Kreager 239-240)”.

“The New Jersey courts have stated that “parents do have a constitutional right to choose the type and character of education they feel is best suited for their children, be it secular or sectarian.””

“Although regulated in various ways, homeschooling is currently legal in all 50 states”