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 HelpA 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.)
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.
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 AttendanceIL 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