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Ad Hoc Committee
For Illinois Home Education Legal and Legislative Matters
Statement of Purpose
The purpose of our committee is to develop, by consensus, unified positions
to present to state school officials and legislators on important legislative
and legal issues that impact upon Home Education in Illinois. In addition,
our committee is dedicated to protecting private Home Schools from state regulations
that infringe upon the liberty of parents in the education of their children.
Finally, we are committed to advancing the principle of academic freedom
for the good of all citizens in Illinois.
A Consensus Decision Making Group
In this, and all consensus groups, all decisions are made as a group with
approval of all members, not by a majority.
Due to the diverse nature of this group, all position papers must be agreed
to word for word by all members. Also, any written correspondence must reflect
the delicate balance of differing philosophies held by the Ad Hoc members.
In the event that the committee is unable to establish a position agreeable
to all members, it is understood that each organization will take action consistent
with their individual philosophy.
The participating organizations will inform one another by sharing ideas,
information and written materials.
All members retain the right to express their personal opinions, taking
care to clearly qualify such opinions as personal and not official views of
Ad Hoc.
How to Help
A portion of our expenses are covered by the organizations we represent. Individual
donations are gratefully accepted to defray committee members' often sizable
out-of-pocket expenses.
So you will be represented by the Ad Hoc Committee, join one of the organizations
participating in Ad Hoc.
Get to know your State Senator and Representative. Volunteer to help in their
local office regularly, or at election time and assist in fundraising. Plan
an informal evening with your legislators and/or other community leaders.
(Ad Hoc members are willing to provide assistance.)
The Law
Private Home Schools are one kind of non-public, private school (in 1950,
the Illinois State Supreme Court in People vs. Levison
90 N. E. 2nd 213 no. 31133 determined that home schools were private schools.)
There is no law requiring non-public schools to register with any public
school official, nor are they required to seek state recognition, approval,
or accreditation.
Under Illinois School Code (Chapter 105, (formerly 122) par. 26.1 known
as the Compulsory Attendance Law) parents of children ages 7 through 16 must
make sure the education their children receive includes the branches of education
taught to their age group in the local public school (language arts, mathematics,
biological and physical sciences, social sciences, fine arts and physical
development and health). Instruction in these branches must be in the English
language.
If parents educating their children in a private home school receive an
inquiry from a public school official about their educational program, it
is advisable to respond in writing, verifying compliance with the Compulsory
Attendance Law as outlined above.
Ad Hoc does not encourage home educators to complete the form entitled
"Statement of Assurance". Home Educators choosing to voluntarily register
with the state are encouraged to do so using the Non-Public Registration,
Enrollment and Staff Report. This form can be obtained from the Illinois State
Board of Education in Springfield.
Special Needs
Under IDEA and the ADA., public schools must offer services to all students
with special needs. Students enrolled in public schools, full or part
time, must be offered all services specified in their IEP; students in home
schools must be offered the same services offered to other nonpublic students
in their district. The Illinois State Board of Education legal department
states, however, that there is nothing in Illinois law requiring any parent
to accept such services.
Part Time Attendance
IL Law 325 ILCS ... 5/3 .... 1983 states that ... non-public
school students must be allowed to enroll in an academic course not offered
in their non-public school for which there is space. Applicants must
apply for September classes by the first of May.
This is not intended to be and does not constitute the giving of legal
advice.
Ad Hoc in Action
- Began in 1984 to establish a dialogue with the Illinois State Board of
Education to reinstate the private Home School category on the voluntary Non-Public
Registration, Enrollment and Staff Report. Ad Hoc has continued to work for
the restoration of this voluntary option (see update, summer 1989)
- Testified in Senate Committee and helped defeat Senate Bill 1202 in
the spring of 1987. This legislation would have established a registration
process for all children attending private schools. Further SB 1202 would
have established a separate and discriminatory registration for children attending
private Home Schools.
- In May 1987, joined the Illinois Advisory Committee on Non-Public Schools
(now Illinois Coalition of Non-Public Schools - ICNS), with Dorothy Werner
as our representative. ICNS represents the majority of children in private
education and is concerned with preservation of parental rights to choose
alternatives to public school education. ICNS works with the Illinois
State Board of Education, the General Assembly and the Governor's office.
- Helped defeat efforts of Cook County Regional Superintendent Richard
Martwick in his attempt to outlaw private Home School education in Cook County
in 1987-1988.
- Joined the Illinois State Board of Education Pupil Accounting System
Advisory Group in January of 1988 with Mike McHugh as our representative.
We have consistently expressed the private Home School position of no mandatory
state registration of Illinois students or schools.
- In April 1988 and January 1989,made presentations to the Illlinois
Truancy Prevention Association. These highly productive meetings allowed
us to provide considerable information regarding Home Schools' legal status.
- In 1989, we supported the passage of Public Law 89-1726, which removed
the authority to investigate uncomplicated educational neglect from the Department
of Children and Family Services.
- Testified in House Committes and helped defeat House Bill 1265 in the
spring of 1989. This bill was intended to separate private Home Schools
from other private schools and establish a new registration process.
- Summer 1989, corresponded with Dr. Robert Leininger, Illinois State
Superintendent of Schools about voluntary registration of private Home Schools.
This dialog resulted in an Illinois State Board of Education decision
to reinstate the Private Home School option on the Non-Public Registration,
Enrollment and Staff Report. This voluntary form is used by all other
private schools choosing to register with the state. This is an appropriate
recognition of the legal status of Home Schools as private schools.
- In September 1999, the Illinois State Board of Education began to refer
all phone inquiries concerning home education to the Ad Hoc Committee.
- IN 1999, we assisted in the defeat of a bill requiring registration
of children's immunizations. Passage of this bill would have had the
effect of involuntarily registering homeschool students with the state.
- In early 2000, we participated in a videoconference with the legal
department of the Illinois State Board of Education in regard to revising
the packet the Illinois State Board of Education sends out in response
to inquiries about home education.
- Mailed packets of information to all Regional Superintendents in 2003
detailing the law as it applies to private home schools and providing other
useful information.
Ad Hoc members and the statewide groups they represent:
Jean Kulczyk
Home Oriented Unique Schooling Experience (HOUSE)
847/662-5432
www.illinoishouse.org
Mike McHugh
Christian Liberty Academy (CLA)
847/259-8736
www.homeschools.org
Ken Sisson
Illinois Christian Home Educators (ICHE)
815/943-7882
www.iche.org
Dorothy Werner
Clonlara Home Based Education Program (HBEP) Illinois
773/338-8330
Karen Dempsey
Network of Illinois Catholic Home Educators (NICHE)
www.eagerreaders.com/olqp
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