The Homeschool Act (House Bill 2827) passed out of the Education Policy Committee this week by a vote of 8-4. It now goes to the House. If it passes there, it will go to the Senate and then to Governor J.B. Pritzker (D-Illinois) for his signature.
In her most recent column, radio show host Jenna Ellis describes the measure as "a solution in search of a problem." HB 2827, she writes, "undermines the well-established right" of parents to direct their children's education and "invites government overreach."
"Furthermore," says Ellis, "the bill's implicit assumption that the government is better suited than parents to determine what constitutes a 'quality' education is not only paternalistic but also unsupported by evidence."
Ellis isn't alone in her concern. Will Estrada, senior counsel for Home School Legal Defense Association (HSLDA), says his organization has issues with the reporting requirements outlined in the legislation.
"HB 2827 would require homeschoolers to check in annually with the government to file a Homeschool Declaration Form," he tells AFN. "And in kind of a striking and draconian move that would make Illinois the only state to do this, if you did not file this paperwork – even if you just missed it by 10 days – you could be charged with truancy."
The bill says explicitly that the children "shall be considered truant" in that case. The parent of the student, according to Estrada, then would be guilty of a Class C misdemeanor under Illinois law.
"Which includes a $500 fine, up to 30 days in prison, a criminal conviction," he continues. "And as we know, when a parent is arrested and put in prison, children can even be removed by the Department of Children and Family Services in Illinois and placed into temporary foster care."
The bill includes a provision that every homeschool family must keep a home education portfolio – which Estrada says homeschoolers already do to show evidence that home education is taking place.
"But the local school district … or the regional office of education could come in at any time to review that portfolio and basically monitor what you're teaching your children," he states.
Legal challenges are expected, and HSLDA will "vigorously defend every single home school family in Illinois if HB 2827 does become law."
Still, Estrada is hopeful the bill will be defeated in the legislature. Thousands of homeschoolers went to the State Capitol ahead of the Education Policy Committee vote. Estrada says they're not giving up.
"There was one Democrat who voted present – [and] another Democrat from the Chicago area has come out against the bill," he points out. "There are lots of questions that the sponsors and the supporters are getting from legislators on both sides of the aisle. So, I'm reminding everyone: this battle is far from over."
