Homeschooling has been growing in popularity all over the country, including in Wisconsin. It lets families decide how to structure their children’s education and tailor the program and learning experiences to their specific needs. For some kids, traditional learning environments offer too many distractions or obstacles that aren’t easy to overcome.
Although homeschooling has become more popular, it can be challenging to start homeschooling. You must meet all of Wisconsin’s legal requirements, keep records of your child’s academic progress, figure out how to socialize your children within the legal limits of homeschooling, and more. All of these issues require careful consideration and sometimes, legal guidance.
At the LLF National Law Firm, our Education Law Team understands what you’re up against as a homeschooling family. We can help you navigate problems that come up so that you can focus on educating your children. Call our offices today at 888-535-3686 or send us your information, and a member of our team will reach out to you.
Parental Rights to Homeschool in Wisconsin
In the state of Wisconsin, all parents and guardians have the right to withdraw their children from public school and start a “home-based private education program.” You must follow proper withdrawal procedures and submit a PI-1206 form for your child every year. Parents who start homeschools must also become administrators of their homeschools—meaning they control the structure and style of the homeschool just like any administrator of a public or private school would.
Wisconsin does not allow homeschool administrators to run an education program for more than one family unit. Some states allow “pods” which group children from more than one family together in a home-based educational setting. This type of structure is not allowed in Wisconsin. You can share resources and network with other parents who homeschool their children, and many groups exist to facilitate this kind of sharing. Legally, however, you may only administer a home-based private education program for your family unit.
Responsibilities as an Administrator of a Home-Based Private Education Program in Wisconsin
You have the freedom to design your homeschool program, but you also have certain responsibilities:
- 875 hours of instruction per academic year
- Deciding on Advanced Placement or accelerated courses
- Funding the education program
- Allocating credits and assigning grades
- Choosing the curriculum
- Requirements for graduation (Homeschooling does not provide for a traditional high school diploma in Wisconsin)
- Enrichment activities
- Grade levels and advancement
- Record keeping
- Choosing standardized testing (standardized tests are not a requirement for homeschools in Wisconsin)
- Vacations
- Tutors
When choosing how to structure your homeschool, it’s important that you keep activities limited to your family unit if you want to count them as instructional hours. Going on a field trip with another homeschool family and counting it as instructional hours might get you in trouble or may not count.
Avoiding Truancy Charges for Homeschooled Children in Wisconsin
If you don’t withdraw your child from public school properly, you may be charged with contributing to truancy. Unfortunately, there is often a stigma associated with homeschooling in the press as well. If a homeschooling family gets accused or implicated in a child abuse or neglect case, reporters may not do their due diligence to determine if you’re meeting the full Wisconsin homeschooling requirements and call your homeschooling program illegitimate. These kinds of accusations can be damaging to your family’s reputation and have legal repercussions as well. If you find yourself in this situation, you should reach out to our Education Law attorneys. We can help you go through your records to ensure you’ve followed the process correctly and liaise with the district on your behalf.
In Wisconsin, only certain school district administrators are authorized to view PI-1206 forms. It’s possible that a staff member at your child’s former school received the form but didn’t have proper access to it, leading to an accusation that you haven’t properly enrolled your child in a homeschool program. Our team can help you track down the right person in your district and contact them to ensure they get the forms and verify your child’s homeschool enrollment.
Can Wisconsin Public School Districts Monitor Homeschooling Units?
Wisconsin law aims to give parents the freedom to provide children with an educational program that fits their values and beliefs, with minimal interference from state and local officials. Neither public school districts nor the Department of Public Instruction (DPI) have the authority to monitor or regulate home-based private educational programs.
However, the law doesn’t specifically prohibit school districts from monitoring homeschooling families. If the district receives a complaint that your education program doesn’t meet state criteria, it can investigate the claim. In this case, the district might have “implied authority” to verify the hours of instruction or the curriculum for your home-based program.
Monitoring of homeschooling units by school districts can be a gray area, so it’s important to get legal help if you find yourself dealing with a complaint about your homeschooling. Our Education Law Team can help you deal with the district’s inquiries and give you the legal backing needed to defend your position.
Access to Sports and Clubs in Wisconsin Public Schools
Wisconsin law requires local school boards to allow homeschooled children to participate in interscholastic athletics and other school activities on the same basis as pupils enrolled in the district. You have to submit a formal request to your school board so they can approve your child for participation. Your child will have to meet certain participation requirements and you may have to provide records concerning their academics or disciplinary history. You’ll also be responsible for paying any fees associated with participation in the school activity.
If the school board tries to deny your child access to sports or extracurricular activities without a legitimate reason, you are allowed to fight back. Districts may use the argument that your child doesn’t meet the requirements to participate when, in reality, you’ve completed all the necessary paperwork to have your child play sports or join school clubs.
Letting your child join in clubs, sports, or activities at your local school might be an important part of their homeschooling experience. These activities can be crucial for helping children develop social, problem-solving, team-building, and leadership skills that they wouldn’t otherwise get from their home-based education. You have the right to enroll your child in these programs, and the Education Law Team at the LLF National Law Firm wants to help you defend them.
Immunizations
As a homeschool family, your children are not required to comply with Wisconsin state statutes concerning school immunizations. However, if you decide to enroll your child in sports or extracurricular activities at a private or public school, you may have to comply with that institution’s rules and vaccinate your child accordingly.
Questions about immunizations and vaccines can be tricky. If this particular issue is what is preventing your child from being able to join in local school activities, our Education Law Team can help.
Special Education for Homeschooled Children in Wisconsin
If your child has special education needs and you wish to homeschool them, you don’t have any extra requirements on top of the basic homeschooling procedures. Wisconsin doesn’t provide funding to homeschool families with a special needs child, either. It’s completely up to you as a parent to design and fund a home-based special education program. There are some school districts that offer special education services to homeschooled children, however. Check with your school district to see if they have services your child can use.
Wisconsin School Districts Must Identify and Evaluate Children with Special Needs
Although school districts in Wisconsin are not required to provide special education services to homeschooled children, they do have a legal responsibility to identify and evaluate all children in the district who may have a disability. This requirement comes from the federal law Individuals with Disabilities in Education Act (IDEA).
If you think your homeschooled child might have a disability, you can request an evaluation from the public school, which you shouldn’t have to pay for. The public school must also offer a placement for your child that would provide them with a free and appropriate education if your child is found to have a disability after the evaluation. However, most of the time, this placement is in a public or private school, not a home-based education setting.
Getting school districts to comply with state and federal legislation regarding special education can be difficult enough when the child is enrolled in public school. Being homeschooled can present even more challenges. If you’re unsure what the law is and how it applies to your situation, you may be unable to stand up for your child’s rights to get them the educational services they need. At the LLF National Law Firm, we can help you advocate for your child and deal with the school district for you concerning special education.
Getting a High School Diploma
If you choose to enroll your child in a home-based private education program, they will not be eligible to receive a high school diploma. You can choose, however, to confer a diploma upon your children when they complete the education program. Although it’s not the same as a Wisconsin high school diploma, many employers, colleges, and universities are willing to accept this type of certificate if it’s backed by solid records. Students who have been homeschooled can also pursue their General Educational Development (GED) or High School Equivalency Diploma (HSED).
It’s important to keep copies of all the documents proving your child’s enrollment in homeschooling in Wisconsin—but even with good recordkeeping, your child can come up against challenges. If you’ve kept meticulous paperwork but employers or colleges still don’t recognize your child’s educational qualifications, you should contact the Education Law Team at the LLF National Law Firm.
Privacy for Homeschooled Children in Wisconsin
Wisconsin’s public records law and the federal Family Educational Rights and Privacy Act (FERPA) grants you and your family privacy if you’ve decided to homeschool. Your names will not be released by the DPI. If they are, you can take legal action.
One thing you should note concerning homeschooling and FERPA is that non-custodial parents have a right to their children’s information, and DPI cannot deny their request for information. If you decide to homeschool your child and file a PI-1206, DPI will notify your ex-spouse if they ask for the information. The non-custodial parent can only be denied this information under a court order.
Also, if you are part of the Safe at Home confidentiality program, DPI will not ask for your actual address. You can provide your Safe at Home mailing address instead. However, you will need to provide your school district of residence.
Under FERPA and as a homeschool administrator, you have certain privacy rights. If DPI or another state or local agency infringes on those rights and shares your private data or information, you should take action. Our Education Law Team can help you stand up for your rights and hold DPI or the district to account.
Defending Your Right to Homeschool Your Children
As homeschooling gains traction in Wisconsin, various challenges are bound to emerge, ranging from adherence to legal standards and socialization issues to securing educational resources. Homeschooling families must take a proactive approach. It’s crucial for parents and policymakers alike to protect their rights and guarantee access to superior educational opportunities for their children.
The Education Law Team at the LLF National Law Firm is ready to address any inquiries regarding your homeschooling rights and represent you in any disputes with governing bodies. We are committed to ensuring you have the necessary support and resources to offer your children a top-tier education. Whether you’re grappling with compulsory education laws, adapting to regulatory shifts impacting homeschoolers, or facing challenges from local officials, our attorneys are at your service. We’re well-versed in the intricacies of Wisconsin’s homeschooling laws and regulations, and we’re dedicated to defending your interests and advocating on your behalf.
Reach out today to learn more about how we can support you in upholding your homeschooling rights. Contact us at 888-535-3686 or via our online contact form.