Issues of Interest

*This does not express the consensus opinion of HOUSE.

(Because IL State HOUSE is a consensus group, it would require the
agreement of every IL HOUSE group (many of which are also consensus
groups!) before we can make recommendations as a group or to act as a
group on these and other issues.)

 

 

Daytime Curfews (updated 10/1/2006)

Harris Court Case

What does HOUSE know about e-schools and virtual charter schools?

Illinois Senate Bill SB409 - Lower the Compulsory School Age from 7 down to 5

Mandatory Mental Health Screening (Illinois Children's Mental Health Act)

 


Daytime Curfews
A growing number of Illinois municipalities have daytime curfew laws in place.  While these laws should be monitored by local citizens, with a little common sense and communication, the curfews should not interfere with homeschooling in any way.

The laws are generally being enacted in areas threatened with growing truancy rates and, often, growing crime rates.  They are there to protect us, not to threaten us.  However, this may not always seem to be the case when a squad car pulls over your child and asks why he or she is out riding a bike.  A child unprepared for this situation can often become afraid.

If you are in an area with a daytime curfew law and have a child out and about on public streets during your public school's hours, it may be wise to talk to your child about what to say to a police officer who asks why he or she is not in school.   Help your child identify what he or she will be doing and why before setting out on the errand so that the answers can be given honestly and without fear.

If your children are riding bikes or skateboarding, are they currently doing P.E. or having recess?

If they are shopping perhaps you have already finished classes for the day or are taking a break. They could be gathering supplies for a project, or maybe doing a consumer economics research project.

Perhaps your family is on a year-round or on a four-day schedule and not the public school's five-day schedule?

The answer itself doesn't matter as much as the child understanding that being out in the middle of the day isn't automatically wrong.

It may also prove helpful for your child to carry a homeschool ID card and/or a cell phone so that you can be contacted if the police officer has additional questions.


Harris Court Case

May, 2006 a homeschooling parent in Williamson County, IL was convicted of allowing truancy while homeschooling. Harris reportedly withdrew her 15 year old son from public school after charges of truancy began. It has been reported that Harris had ongoing concerns over her son's safety in school.

According to the Southern Illinoisan newspaper, State's Attorney Garnati, who filed the charges, said that a truant officer visited her three times1 and found no evidence of an 'established curriculum'.2 No one was home upon the third unannounced visit and Harris claims she and her son were out shopping.3

We have many unanswered questions about this case and currently have no court record of the proceedings so it is difficult to tell how this will effect homeschooling in Illinois. This should be cited as clear evidence, however, that Illinois homeschoolers must remain vigilant in helping new homeschoolers understand the law and their rights within it.

Our unanswered questions include:
Did she send the letter of withdrawal and then the follow up letter as proof of successful transfer as recommended?
Was a large part of the conviction based upon time that her son was still enrolled in public school?
If Harris had not waived her Fourth Amendment rights to a home visit would Garnati still have pressed charges because of other issues that may have played a part in this conviction that we are unaware of?

  1. It is unnecessary to let any officer of the court, including a truant officer, in your home without a warrant, even if they show up with an armed police escort. By allowing them to enter you are also allowing them to search your home. This right is protected by the Fourth Amendment to the U.S. Constitution. Please see What do I do if a truant officer comes to my door?
  2. There are no "established curricula" required of any Illinois private school. This term is not defined by law.
  3. There is no requirement under Illinois law stating that educational activities must be at specific times of the day, or specific days of the week. There are also many legitimate reasons why a shopping trip could have been being used as a learning experience as any High School level Consumer Education teacher can tell you.

 


What does HOUSE know about e-schools and virtual charter schools?

Many homeschool groups have already issued position papers regarding e-schools and virtual charter schools whose target markets include homeschooling families. You can visit Homeschoolers and Virtual Charter Schools from the Wisconsin Parents Association and We Stand For Homeschooling for more information



Illinois Senate Bill SB409 - Lower the Compulsory School Age from 7 down to 5

UPDATE*** As predicted, this bill will not be voted on during the current legislative session. This does not mean, however, that it will not be introduced again. This might be a good thing to keep in mind if you run into any legislators at community parades, picnics, or town hall meetings.

 

Full text can be read at: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=50&GA=94&DocTypeId=SB&DocNum=409&GAID=8&LegID=16397&SpecSess=&Session=

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.18 from Ch. 122, par. 10-22.18

105 ILCS 5/26-1 from Ch. 122, par. 26-1

105 ILCS 5/26-2 from Ch. 122, par. 26-2

Amends the School Code. Beginning with the 2006-2007 school year, lowers the compulsory school age from 7 years to 5 years; makes a related change. Beginning with the 2006-2007 school year, requires all school districts to establish kindergarten for the instruction of children who are 5 years of age or older.

Comments:*

As homeschoolers in Illinois need to comply with the compulsory education laws this obviously affects us. However, it does not affect us very much unless we are withdrawing a child from school who is 5 or 6 years old.

Homeschoolers are already working with their children at this age on age appropriate materials. We do not need to be mandated to do so, just as we do not need to be mandated to work with our 10 year olds.

There are plenty of good reasons to fight this law, but none of them are directly related to homeschooling.


Illinois Children's Mental Health Act Public Act 93-0495 (SB 1951) - Mandatory Mental Health Screening

Full text can be read at: http://www.dpaillinois.com/cmh/930495.html

This has already passed here in Illinois and is law.

There is currently discussion to make it a federal law as well.

Comments:*

Many homeschool groups have issued detailed statements about these efforts. One of the better researched ones is by NHELD - National Home Education Legal Defense http://www.nheld.com/articles.htm#Bulletin%2037


This analysis does not constitute the giving of legal advice.

This page was updated on June 25, 2006.

Copyright © 2001-2006 H.O.U.S.E. May be reproduced for personal use as long as this notice is included in its entirety.
 

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