In most states, parents who want to homeschool their children are restricted to a single approach. Many states only allow parents to facilitate home study. Some allow parents to choose between crafting a curriculum on their own and enrolling their children in approved online coursework. By contrast, Alaska allows families great freedom when it comes to homeschooling. As is the case with so many of the ways in which The Last Frontier is run, the state provides Alaskan homeschooling families with numerous options when they are deciding what will work best for their unique goals and circumstances. This is one of the reasons why Alaska has one of the highest rates of homeschooling – more than 10% of kids aged 7-16 receive instruction at home here – in the U.S.
With that said, each option is tied to unique requirements. As a result, Alaskan parents who homeschool may – very understandably – misunderstand or make missteps when navigating state regulatory mandates related to home study. When this happens (or when the state, local school districts, and other authoritative bodies make mistakes), parents can face frustrating scrutiny and pushback that may potentially compromise the integrity of their children’s educational opportunities.
If you facilitate home-based learning for your child, or you aspire to do so, you may be grappling with consequential challenges as a result of state and/or local concerns. This can be a discouraging reality. Thankfully, you don’t have to deal with your local school district, Alaska’s Department of Education and Early Development (DEED), and/or Alaska’s Department of Family and Community Services (DFCS) alone.
The Student Defense Team at the LLF National Law Firm is available to provide guidance and support to families that homeschool in Alaska and throughout the country. Whether your circumstances are complex and urgent, or you’re unsure if you need to take any kind of action at all, we can help. Call us to tell us about your situation today by dialing 888-535-3686. Alternatively, you can reach out to the LLF National Law Firm online, and we will respond promptly. Your concerns are important, and we’re ready to help you protect your rights and your child’s interests.
An Introduction to Home-Based Learning Laws in Alaska
When it comes to educating children at home, knowledge is power. Without a strong understanding of what is required of parents and legal guardians who want to opt out of traditional classroom-based learning, it is almost inevitable that mistakes and/or misunderstandings will inspire unwanted scrutiny from local and/or state authorities.
In many ways, Alaska exercises a lax approach to homeschooling regulations, when compared with the majority of its sister states. For example, Alaska has no notice requirement that instructs all parents to tell the state that they plan to homeschool their children. This is a relatively unique approach, as it doesn’t allow the state to monitor homeschooled students for compliance with truancy laws as effectively as other states do. This is why Alaska is generally regarded as having the highest homeschool rate in the nation, but that number can’t be verified with absolute accuracy, so it is broadly referred to as one of the most popular states for homeschooling.
Additionally, the state does not mandate that children are taught any specific subjects as part of their homeschool curriculum. This is also an outlier approach, as is the fact that, with the exception of one option outlined below, students who are homeschooled are not required to participate in regular assessments of their progress. Similarly, those who choose to homeschool their children are not required to possess any particular qualifications unless they opt for one of the approaches outlined below.
With all of this said, the fact that Alaska is unusually permissive of a variety of approaches to home-based education does not mean that parents who homeschool are immune from scrutiny by authorities. Those with either well-meaning or ill intent may report parents to a local district or the state out of alleged fear that their children are not receiving a proper education and are, therefore, being neglected. Mistakes or misunderstandings – on the part of parents or authorities – with any of the homeschooling options discussed below can also result in frustrating pushback.
If you are facing these kinds of challenges or any others related to the legal aspects of homeschooling, know that our dedicated Student Defense Team can help. Whether you’re being unfairly targeted or you simply need to resolve a misunderstanding that is compromising your child’s education, we are ready to help you achieve your goals and move on with your homeschooling journey.
Option One: Education Per the State’s Homeschool Statute
According to Alaska’s compulsory attendance law, every child between the ages of 7-16 who resides in the state must attend public school in the district where they reside. However, the law does make exceptions to this broad mandate if a child is “provided an academic education comparable to that offered by the public schools in the area” via attendance at:
- A private school staffed by certified teachers
- A school operated by the federal government
- A state boarding school
- A tutoring program staffed by professionals certified by the state
- A full-time correspondence program
- The student’s home, provided that they are being educated by a parent or legal guardian
- A program approved by the child’s local school district that serves their educational interests equally well as a traditional public school education would
Note also that there are exceptions made for students in the custody of a court or law enforcement authorities, as well as certain children with disabilities.
Essentially, this regulatory option gives parents and legal guardians broad authority to educate their children at home. As the state does not impose notice, assessment, or subject matter requirements for homeschoolers who are not participating in a correspondence program and parents who are not running their arrangements as a private school, there are few mandates and restrictions to which homeschool families need to abide. With that said, because homeschool families tend to be scrutinized without warning, it is generally a good idea to keep records of what a child is learning, how often they are being taught, how their progress is being assessed, etc. That way, should trouble arise, our team can utilize those records and materials to build a strong case on that child’s behalf.
Option Two: Education Through a Correspondence Program
According to Alaska’s Department of Education and Early Development’s website, correspondence program learning is technically district-supported schooling options that are facilitated in the home. By contrast, “Homeschooling” technically refers to facilitating mandatory educational opportunities for minors at home, without district affiliation. Yet, because many parents and children alike associate homeschooling with any home-based learning arrangements, Alaska provides resources and guidelines related to correspondence programs under its broader regulatory scheme for homeschooling.
There are three primary options available for parents who want to take advantage of a correspondence curriculum:
- Local: First, parents may opt to connect with their local school district and choose from any programs that their “home district” facilitates uniquely or supports in any fashion.
- State: Second, parents can select a correspondence program supported by a district in which they do not reside, provided that it is sponsored by another school district within Alaska. This option is known as a statewide correspondence program.
- Centralized: Finally, parents can enroll their children in the AK Virtual School, which serves as a centralized option for children who are homeschooled via a correspondence program. It is available statewide – including to those families whose local school districts have opted out of supporting this option directly – and functions essentially as a virtual classroom environment.
There are two statutory concerns that affect students enrolled in correspondence courses that can inspire legal issues in need of resolution for families: individualized learning plans and allotments. Allotments are a relatively grey area, legally speaking. Essentially, state law insists that a district that facilitates a correspondence program “may” provide a student allotment on an annual basis for the purpose of supplementing instructional expenses. However, allotment availability is not mandatory. As a result, homeschool parents are not entitled to receive allotments as a matter of course. However, if some students enrolled in a particular course – within a particular district – are receiving allotments and others are not, that situation may serve as a solid reason to take action in the name of fairness and accessibility for all.
Individualized learning plans, by contrast, are required to be provided by districts that facilitate correspondence learning programs. Specifically, they must be developed annually, following collaborative effort and input from the student, their parent or guardian, the certified educational instructor assigned to the student, and anyone else who is actively involved in their learning plan. The plan itself must be both appropriate for the student’s grade level and consistent with standards set by the district and the state. It must also include an ongoing assessment plan that meets statewide standards for public school students, and must contain a “provision for modification of the individual learning plan if the student is below proficient on a standardized assessment in a core subject.” With the exception of ongoing monitoring by the teacher assigned to the student (and any other exception provided for by law), their individualized learning plan cannot insist upon any additional requirements.
If you are running into challenges related to a current correspondence program or a correspondence program in which you hope to enroll your child, we can help. Most of the time, correspondence-related frustrations can be resolved amicably and efficiently by our skilled and compassionate team. When they can’t, we are prepared to take more aggressive steps to enforce a child’s right to learn at home in this way.
Option Three: Education Via a Private Tutor
For a variety of reasons, parents may not be in a position to educate their children personally at home, and a correspondence course may not be the best option for a child. Under these circumstances, a private tutor option may suit a particular child well. The only regulatory requirement imposed for this option is that the tutor in question must be a teacher certified by the State of Alaska. The most common challenges that families run into when it comes to this opportunity are scrutiny of a tutor’s certification, questions about whether a child is being educated often enough and/or well enough, and concerns regarding a student’s home dynamics that led to the arrangements at issue. Know that our Student Defense Team, which practices nationwide, has extensive experience with all of these concerns and can help your family navigate them effectively.
Option Four: Running a Home-Based Program as a Private School
Finally, parents in Alaska are empowered to run their home-based education arrangements as a private school. Essentially, parents must file a private school enrollment report each year with the superintendent of their local school district. Additional forms must also be filed with the state and local authorities as this arrangement is being initially executed. Parents who embrace this opportunity are required to complete a number of tasks that other homeschooling parents are not, such as filing a corporal discipline policy, keeping attendance records, complying with state testing requirements, maintaining permanent student records, etc. This is a complex undertaking that invites far more scrutiny than the other three options do. With that said, it is the best option for some families. If this is the route that your family has chosen to take and you are running into administrative hurdles, pushback from DEED, or other concerns, reach out to our experienced team today for support.
Legal Assistance Is Available
While Alaska provides many different kinds of opportunities designed to facilitate home-based learning, homeschooling in the unique Alaskan landscape is rarely an easy journey. If your homeschooling family is facing administrative or legal challenges, know that the Student Defense Team at the LLF National Law Firm is ready to help. Our attorneys benefit from extensive practice throughout Alaska and across the broader U.S., so there is no homeschooling issue that we can’t handle efficiently and effectively.
Your family’s rights and your child’s academic needs are important. Tell us about your situation today by calling 888-535-3686 or by contacting us online so that we can get to work on your behalf immediately. We look forward to speaking with you.