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Rewriting School Rules?: Reviewing the Regulation of Homeschooling in the U.S.

Rewriting School Rules?: Reviewing the Regulation of Homeschooling in the U.S.
Editors: James Hollander

Key Takeaways

  • Homeschooling enrollment has risen significantly in recent years, especially after the COVID-19 pandemic changed the educational landscape, raising concerns around regulation of at-home learning.
  • Some parents, educators, and child advocacy groups believe that current regulations are insufficient and that additional regulations are necessary for sufficient learning without jeopardizing student health and well-being.
  • Some homeschooling families argue that further intervention by the government would be an overreach, as it would interfere with flexible, unbiased homeschool methods and complicate the process.

The Current State of Homeschooling

Homeschooling is an alternative to traditional schooling that is home-based and parent-led, and is currently considered the fastest-growing form of education in the United States. Concerns over a negative school environment, discontent with classroom instruction, and a desire to provide a religious- or family-centered education are some of the top reasons parents choose to homeschool their children. Some parents choose to homeschool their children due to broad distrust of government services reaching beyond public education; a recent KFF-Washington Post poll found that parents who skip or delay federally-recommended vaccination schedules for their children are more likely to be homeschoolers. 

The COVID-19 pandemic sparked the initial rise in homeschooling. The number of households homeschooling their children doubled within one academic year of schools closing. Today, the practice continues to grow, with 3.4 million students recorded as being homeschooled in the 2024-2025 academic year. This is up from 2.5 million in 2019. The largest racial group of homeschoolers is white families, but there has been significant growth in other demographics as well. Census data shows that one academic year into the pandemic, the percentage of Black families homeschooling jumped from around 3 percent to over 16 percent. 

The increasing number of homeschooled children has prompted families and lawmakers to grapple with whether homeschooling needs regulation. While homeschooling is legal in every state, the U.S. Department of Education does not impose any federal regulations on homeschooling. Laws related to homeschooling are left to each state, and many have little or lax regulations. According to the Coalition for Responsible Home Education, 12 states do not require any notification when parents decide to homeschool their children, 19 states don’t require the instruction of any specific school subjects, and only three states consistently assess homeschooled children’s academic progress. Some argue that relaxed regulation threatens student safety, achievement, and well-being, while others believe that increasing regulation would be invasive, unnecessary, and infringement on parental rights. Lawmakers who want to regulate or set standards for homeschooling face great opposition from parental rights groups, as seen in states such as Michigan and Illinois

Should Homeschool Curricula and Teacher Qualifications Be Held to Federal Standards?

Advocates for the regulation of homeschooling curriculum believe that a federal standard would prevent biased or insufficient substitutes for institutional learning. For example, one Christian textbook that is popularly used in homeschooling curricula is believed to have racially biased content; in one section, for example, the textbook describes slavery as “Black immigration.” Additionally, advocates argue that parents who have never attended school or completed formal education should not be allowed to become educators themselves. Currently, only 10 states require homeschool educators to have at least a GED or high school diploma. Meanwhile, a bachelor’s degree is the lowest level of education required to be a licensed, full-time public school teacher in all 50 states. Those in favor of regulation argue that homeschool teacher education requirements are insufficient and could prevent students from receiving an effective education.

Opponents believe regulation would inhibit educational freedom and limit the flexibility of homeschooling programs to be designed and catered to each student. Many parents primarily desire to instill family or religious values into their children’s education through homeschooling. They argue that government involvement in education infringes on their religious freedom and parental rights to determine appropriate content. The 1972 Wisconsin v. Yoder ruling set the precedent that state interests in requiring school attendance cannot override the exercise of religious freedom. Opponents frequently cite this case to defend religious freedom in homeschooling without interference from state mandates. However, religious teachings are not the only concerns over the regulation of content. Some Black families who are turning to homeschooling made the switch over concerns of national debates on the removal of topics such as critical race theory, systemic racism, and Black history in the classroom. Government regulation could ban these materials in homeschooling curricula.

Should Homeschooling Families be Subject to Reporting Requirements?

Another debate revolves around whether or not homeschooling parents should comply with national education standards around documentation, immunization compliance, and abuse reporting for students. Opponents argue that putting reporting requirements on families is unnecessary and can lead to bureaucratic overreach. On the topic of child abuse, some highlight that abuse also occurs in public school systems, and argues that the focus on abuse cases among homeschoolers is sensationalized. It is argued that abuse is not exclusive to households that homeschool, and the unnecessary spotlight on those families is discriminatory. Moreover, parents might find it difficult to properly navigate notification systems proposed by proponents of regulation, which can lead to unfair and unnecessary consequences. Requiring parents to meet the same documentation standards as larger school systems could complicate the homeschooling process, unfairly intimidating families and discouraging them from homeschooling.

Advocates argue that proper notification and documentation with the government allows for the necessary monitoring of students to ensure their needs are being met. They believe a lack of a standardized registration and data collection process for homeschoolers can make it difficult to detect cases of abuse, neglect, or truancy. There have been several documented cases of child abuse-related deaths occurring once children began homeschooling; advocates highlight that there was no system set up to check on their well-being. Additionally, studies show that upholding immunization requirements in public schools is an efficient method of maintaining herd immunity, which both reduces harm and acts as a preventative measure.

Summary of the Homeschooling Debate

Proponents for increased regulation of homeschooling argue that state-level legislation leaves gaps in the quality of educational content, documentation of homeschoolers, and compliance with immunization requirements as compared to conventional schools. Opponents to regulation believe homeschooling is dependent on adaptation to student and family needs, and that governmental oversight threatens that flexibility. They also argue that notification and documentation systems are unnecessary complications for what should be a simple process.

Frequently Asked Questions

Some studies have shown that homeschooled students’ academic performance and emotional well-being are significantly better than those of students enrolled in conventional schooling. On the other hand, others have labeled these studies as unsound, claiming they were not properly controlled or confuse correlation for causation.

Since several states do not have a notification or follow-up system if a child is not enrolled in conventional education, it is challenging to provide concrete figures that accurately reflect the number of homeschooled students and their academic and health outcomes. Additionally, some frequently cited studies in support of homeschooling are criticized for sampling bias.

Germany, the Netherlands, South Korea, and several other countries have made homeschooling illegal. Countries that do allow homeschooling, such as New Zealand and France, typically enforce strict regulations, such as at-home visits, submission of curricula, and mandatory educator licensing. 

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