If you're a parent who is interested in homeschooling your child in Illinois, or if you're already doing so, you may have questions about what you can and cannot do when providing your child with a quality education outside of the regular school setting. While Illinois is one of the most liberal states when it comes to regulating homeschooling, there are some legal requirements you need to be aware of, as well as situations where you may need to enforce your child's rights. The Lento Law Firm Student Defense Team can help. Our experienced student defense attorneys understand how Illinois's educational laws, policies, and procedures apply to homeschooled students, and we are ready to provide you with answers and help you enforce your rights as a parent and your child's rights as a student. Call us today at 888.535.3686 or use our contact form to schedule a consultation to learn more about how we can help.
Who Can Homeschool in Illinois?
Unlike some other states, Illinois does not specify who is legally able to teach homeschooled students. That leaves a wide range of options for parents interested in providing their child with a homeschooled education. The education can come from parents, of course, but also relatives, friends, hired instructors, and online schools and teaching services. Education in Illinois is required for children ages 6 through 17.
Homeschoolers aren't required to notify their local school districts or the State of Illinois when they elect to homeschool their child. Illinois State Board of Education (ISBOE) does not have a procedure where it collects even voluntary registration forms from homeschoolers, but your Regional Office of Education may do so. In that case, the form can typically be found through the regional office's website.
There may be instances where removing a child from a local public or private school without notifying the school that you will be homeschooling the child could lead to a truancy or child welfare investigation. This is much more likely to happen in situations where you don't notify the school of your intent to homeschool, or don't file the voluntary homeschool notification form with your Regional Office of Education, assuming that the office in your area accepts them. The Lento Law Firm Student Defense Team can advise and represent you in situations where a school district truant officer or an investigator from the Illinois Department of Children and Family Services has contacted you in connection with your child's absence from their former school, or as a result of your failure to register them at any level.
What Subjects Must Homeschoolers Teach in Illinois?
Illinois does require that certain subjects be taught in all schools, including in the homeschool setting. Required subjects include:
- Language arts
- Mathematics
- Biological, physical, and social sciences
- Fine arts
- Physical development and health
That said, Illinois doesn't specify any specific classes that must be taught at any level by homeschoolers. Provided you provide instruction in each of the required areas, you will meet the state's requirements. And again, you don't have to be the one doing the teaching; you can use an online school provider, coordinate with other homeschooling families to share teaching duties, or hire someone with or without an Illinois teachers' license to teach any or all of the required subjects.
What Records Must Homeschoolers Keep in Illinois?
This is another area where the State of Illinois has no particular requirements. Parents aren't required to keep records of the classes taught, material covered, tests administered, or any other aspect of their child's homeschool education. While this may seem to be a benefit, it can actually be a trap that can raise several issues for homeschooling parents and their children.
First, if your homeschooled child is ever re-enrolled in public or private school, the lack of records confirming what your child has learned and how they've performed could result in the school assigning them to a lower grade level. While schools will typically perform an assessment of incoming homeschooled children, having actual records to show the material taught at home and the results of that teaching can provide the school with more information about the child's capabilities than what the results of an assessment would provide.
Second, records may also help when it comes to applying to college. Different schools have different requirements, but it can be helpful to be able to show what subjects were taught and how your child performed.
Third, if there is ever any question about whether you satisfy your legal obligation to educate your child, having records of what you taught and how your child performed can go a long way towards answering them, whether they're asked by your school district's truant officer or an investigator from Children and Family Services. In the event you're ever contacted by either type of official, the Lento Law Firm Student Defense Team can help you clarify the situation in a way that protects your right to educate your child.
Must My Homeschooled Child be Immunized?
Illinois has immunization requirements for children enrolled in public or private schools but not for homeschooled students. These apply at several levels: in child care and pre-K settings, whenever the child first enrolls in school (kindergarten or 1st grade), and then at various intervals during the child's progression through 12th grade. Illinois also requires enrolled students to provide proof of periodic physical, dental, and eye examinations. Parents who object to having their child immunized or examined on religious grounds may file a Certificate of Religious Exemption with their local school district.
While a homeschooled student does not have to be immunized or to meet the various health examination requirements, if the child ever enrolls in public or private school, even for one or two classes, they will need to show that they are in compliance or will have to provide a Certificate of Religious Exemption.
What Standardized Tests Are Homeschooled Students Required to Take in Illinois?
Illinois has no requirement that homeschooled students take any standardized tests that public and private schools administer in Illinois. They are not eligible to take Illinois's state accountability tests because those are designed to measure how well each public school is doing at meeting the Illinois Learning Standards, and since homeschooled students aren't being educated in the public school setting; it would not be helpful for their results to be included with those of enrolled students.
Does Illinois Require the Use of Certain Textbooks for Homeschooled Children?
Here, too, the ISBOE has no requirements. Families are free to use whatever materials they want, provided they meet the subject matter teaching requirements. Moreover, school districts won't provide homeschoolers with textbooks or teaching materials. Anyone who is homeschooling their child must find and use their own textbooks, workbooks, lesson plans, and the like. Alternatively, there are many online sources for both courses and teaching materials, and Illinois has no restriction on the use of any of these for homeschooling.
Are Homeschooled Students Eligible for Special Education Benefits in Illinois?
Homeschooled students may be eligible for special education services from their local school district, but in most cases, these will be more limited than what would be available if the child were enrolled at the school as a full-time student. Federal law only requires school districts to spend a portion of the funds that they receive for special education on students in private schools or who are being homeschooled, called the “proportional share.” The result is that there is typically less money available for special education services for private and homeschooled students.
Homeschooled students are not entitled to an Individualized Education Program (IEP), which is a comprehensive learning plan developed for a special needs student by a team of educators and the child's parent. Instead, a homeschooled child with special needs may receive an Individual Services Plan (ISP), which is not nearly as detailed as an IEP. The ISP will describe what services the child will receive, how often the child will receive them, and where they'll be provided.
Schools may also invite the parents of a homeschooled child with special needs to a “Timely and Meaningful Consultation” (TMC) meeting. These meetings must happen at least once a year. The meeting will typically cover what the “proportional share” funding will be for that year and explain what services the district will provide for homeschooled special needs children using that funding.
The parents of a homeschooled special needs student may request a “due process hearing” from the ISBE if they are not satisfied with the special education services their school district is providing to their child. Their rights to complain are fairly limited, however, typically to how the school district conducted the TMC process. They may also be able to challenge the school district's decision, finding that their child was not eligible for special education services at all.
If you are the parent of a homeschooled child with special needs, and you have questions or concerns about your local school district's response to your request for special education services for your child, the Lento Law Firm Student Defense Team can help you evaluate your options and determine how best to protect your child's right to special education services.
Do Homeschooled Students Have a Right to Take Any Classes at the Public School?
Illinois law allows students to attend public schools on a part-time basis “if there is sufficient space in the public school desired to be attended.” Requests for part-time attendance for the next school year need to be submitted to the public school by May 1 of the current school year. The homeschooled child must live within the school's attendance zone to be eligible to enroll in the school on a part-time basis. Illinois law does not limit the types of classes that homeschooled students can enroll in as part-time students.
Homeschool students may also take driver's education classes offered by their local school district. Parents must notify the school district by April 1 of the current school year that their child wants to take driver's education during the following school year. They must also provide the district with some evidence that the child has received a passing grade in at least eight courses during the past two semesters.
If you encounter any problems with enrolling your homeschooled child at their local school on a part-time basis, contact the Lento Law Firm Student Defense Team for help.
Can Homeschooled Students Participate in Interscholastic Athletics in Illinois?
Interscholastic sports in Illinois at the high school level are chiefly governed by the Illinois High School Association (IHSA). The IHSA bylaws do permit homeschooled students to compete on their local high school's teams, but there is an enrollment requirement. Specifically:
- The student must be enrolled at the school
- The student must be taking and passing at least 25 credit hours of work at the school “or in a program approved by the member school”
- The school must grant the student credit towards graduation for the work the student is doing at the school or in an approved program
- The student must meet other IHSA criteria, such as residence, scholastic standing, etc.
- If the school is a private school, the student must pay the applicable tuition to attend
The Lento Law Firm Student Defense Team has helped high school students across the country, including in Illinois, with interscholastic sports eligibility issues. If you have questions about how your homeschooled child may become eligible for high school sports, or if your local high school is not cooperating with your efforts to help your child be eligible to compete, contact us for help.
Can a Homeschooled Student Participate in Other Extracurricular School Activities in Illinois?
In most cases, such as with school clubs or intramural teams, homeschooled students are not allowed to participate with the enrolled students at their local school. Exceptions exist, however. For example, a homeschooled student who is enrolled in a music or band class that requires after-school practices would generally be allowed to attend and participate in the practices. The key here is whether the class requirements include an extracurricular component.
In cases where your homeschooled student is enrolled in a class at their local school that has such an extracurricular component, and the school is not allowing them to participate in that extracurricular activity, contact the Lento Law Firm Student Defense Team for help.
Are Homeschooled Students Eligible for Work Permits in Illinois?
Illinois requires work permits for students aged 14 or 15; those 16 or over do not need one in order to take on a part-time job. This can be a challenge for homeschooled students because the Illinois work permit requirements include a statement from the principal of the child's school on school letterhead, certifying that the student is enrolled in the school and is making satisfactory progress. In some cases, the homeschooled student may have to contact their Regional Office of Education for the work permit since their local high school principal will not be able to make the certifications required for the permit to be issued.
The Lento Law Firm Student Defense Team Can Help You With Your Illinois Homeschooling Questions
When you care enough for your child's future to take on the significant challenges of educating them at home, you need all the help you can get. Whether you are your child's teacher or you use the resources of an online learning provider or school, at the end of the day, you bear the responsibility of making sure that your child receives the education that they deserve. The Lento Law Firm Student Defense Team understands the challenges you face, and we are ready to help you with your questions about what your obligations are under Illinois law and what rights your child has as a homeschooled student. Our experienced student defense attorneys understand Illinois's education laws, policies, and procedures and are ready to help.
Contact us today at 888.535.3686 or set up a consultation using our online form to learn how we can help you give them the education they deserve.
