‘Homeschool Act’ creates serious legal problems, violates parents’ rights

House Bill 2827 would extensively regulate both homeschools and private schools in ways that could seriously violate Illinoisans’ rights, including a primary right established a century ago.

One hundred years ago, the U.S. Supreme Court recognized parents’ right “to direct the upbringing and education of children under their control.”

That right is currently under attack in Illinois because of the “Homeschool Act.”

House Bill 2827, filed by state Rep. Terra Costa Howard, D-Lombard, has generated historic opposition in the Illinois General Assembly, and for good reason. There are multiple legal pitfalls in the current version of the bill.

The 14th Amendment to the U.S. Constitution provides states cannot “deprive any person of life, liberty, or property, without due process of law.” That language routinely has been applied to the education context, including a parent’s right to direct the upbringing of their child.

But the provisions in HB 2827 threaten families’ due process rights in multiple ways. First, it allows truancy officers to interrogate children without “cause” and without parental presence. Second, it allows parents to be investigated – and again, their children to be interviewed – based on anonymous reports.

Then there is the threat to parents’ religious liberties. The bill allows government bureaucrats to investigate and create lists of what families are using religious curricula.   

You can tell your lawmaker to vote “no” on HB 2827 by using our Take Action tool.

HB 2827 allows truancy officers to separate children from their families for interviews without “cause”

The bill provides if there is an accusation of truancy, a truancy officer “shall meet with the child or children complained of and make an initial determination of whether this is cause to start a truancy investigation.”

The explicit language allows the officer to meet with the children and question them, alone, without parents present. This does not refer to an ongoing investigation, but the initial stage of even determining whether there is cause to investigate the family at all.

Even if a determination of “no cause” is found, the damage has already been done. Children have already been separated from their parents and interviewed by a stranger.

What’s more, if the truancy officer finds “no cause,” he is to “assist the homeschool in submitting the homeschool notification form.”

Why is that important? Because the explicit language of the bill indicates this intrusive process into the homes of families can occur just by failing to submit a “homeschool notification form.”

HB 2827 allows parents to be investigated – and children to be interviewed – based on an anonymous report

There are multiple overarching questions when reading the bill. For example, how does the state decide to investigate a family in the first place? Where does the “accusation of truancy” start?

Here’s how the bill works in a nutshell: A potentially anonymous reporter makes a claim to the regional office of education. The regional office of education is then mandated under the bill to have the report investigated by a truancy officer. And the truancy officer is mandated to interview the child, even without “cause.”

There’s definitely a bit of connecting the dots between various provisions in the bill involved:

• The bill amends the “Abused and Neglected Child Reporting Act” to direct the Department of Children and Family Services to direct callers who report “suspected truancy” to report it to the local regional office of education. The hotline is to give the caller website information for those regional offices.
• The bill further provides that a “report of truancy or educational neglect” that has been made to a regional office “shall be further investigated” by a truancy officer.
• Finally, the bill provides the provision mentioned above: a truancy officer “shall meet with the child or children complained of and make an initial determination of whether this is cause to start a truancy investigation.”

The use of “shall” in statutory language means the provision is mandatory. The regional office of education must refer the report to the truancy officer. The truancy officer does not have discretion to determine that a one-on-one meeting with a child is unnecessary. He must conduct the meeting.

And all of this could be initiated by an anonymous complaint. Or a nosy neighbor. Or just someone who doesn’t like homeschooling.

HB 2827 threatens families’ religious liberties

A state cannot create an arbitrary government list of what residents subscribe to different religions. But HB 2827’s regulation of homeschool families could do just that.

The bill states the required homeschool notification form “may” include “any curriculum purchased or used for the homeschool,” but exactly what will be required on the form is left to the whim of the Illinois State Board of Education. The bill also requires homeschool families suspected of “truancy” – again, potentially based on an anonymous report – to submit an “educational portfolio” to authorities upon demand. That portfolio must include a log of the families’ curriculums.

By requiring a log of homeschool families’ curriculums in the homeschool notification form or the educational portfolio, the state would be gathering information on what families use specific religious curricula. This is akin to the state creating a list of parents and the religions to which they subscribe without any legitimate purpose. That sets a dangerous precedent of tracking what religions or worldviews are being taught.

These are just a few examples of the harm HB 2827 could inflict on families if passed. There are also elements of criminality in the bill, with multiple provisions directing government authorities to refer families to a local state’s attorney for potential criminal prosecution.

HB 2827 clearly creates a minefield of legal complications, and lawmakers should vote “no.”

Use our Take Action tool to contact your lawmaker and tell them to vote “no” on HB 2827.