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State Laws and Regulations - Illinois

Welcome to homeschooling in Illinois! We encourage you to discuss the laws and regulations regarding home education with other homeschoolers who live in your state, and especially with those who are knowledgeable about the homeschooling climate in your local community.

Homeschooling laws and regulations vary from state to state; there is no federal authority for all laws and regulations which can affect homeschooling.

Each parent who chooses to homeschool their children in Illinois takes on a responsibility to familiarize themselves with the specific laws and regulations which affect homeschooling families in their state.

There are many good resources for help, beginning with the homeschool support groups, organizations, listservs, websites and helpful individuals. To find out more visit the Support Groups section of this web site.

Please Note: This is not intended to be legal advice and is distributed for informational purposes only. For more information about the laws and regulations in this state please contact a state or local support group.

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State of Illinois State Legislature

Summary Outline of Illinois School Laws that pertain to private homeschools from H.O.U.S.E.

The jurisdiction of the Office of The Superintendent of Educational service Region over the Supervision of public and non-public schools is regulated by the compulsory school attendance law.

Article 26, Section 1, Paragraph 1, of the Illinois School Code of Illinois which states that:

"Whoever has custody or control over any child between the ages of 7 and l6 years shall cause such child to attend some public school in the district wherein the child resides the entire time it is session during the regular school term, except as provided in Section 10-19.1; Provided that the following children not be required to attend the public schools:

  1. Any child attending a private or parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language."

The Illinois courts have held consistently that if instruction is given as the compulsory education law contemplates then the term "private school" as a lawful substitute for public schooling has been extended to home schooling. The burden is on the parent to show that an adequate course of instruction in the prescribed branches of learning is being pursued.

You will note that the Illinois School Code has only two basic requirements for private home schools. They are as follows:

  1. That the branches of education or subjects taught in a private home school be equivalent to those being taught in the public schools.
  2. That the daily instruction of a child in a private home school be in the English language.

-Alternative Statutes Allowing for Home Schools:

  1. Section 26-1-"Any child attending a private or parochial school where children are taught the branches of education, and where the instruction of the child in the branches of education is in the English language" is in compliance with the Illinois compulsory attendance law"
  2. If contacted by state school officials, home schoolers could: submit a "statement of assurance" form to the local school district for the purposes of verifying that their childrens' private education is providing instruction as required by Section 26-1 of the Illinois State Statutes. The statement of assurance process, however, is voluntary and not required by law.: Parents who decide to submit a statement of assurance should be aware of the fact that this form has two illegitimate points. Therefore, parents should modify this form that is sometimes sent by public school officials, entitled: "Statement of Assurance"., by omitting points ten and twelve:. (see below)
    • Teacher Certification:: Only public school teachers must be certified (Section 21-1).
    • Standardized Testing:: Not required by statute.
    • State Accreditation or State Recognition:: Not required by statute.
    • Private Home School Visitations:: Not required by statute.
    • The statement of assurance form, while still voluntary, has been changed to a non-public school registration form:. On this form there is now the option to check if you are homeschooling.
NOTE-ATTENDANCE - Attendance does NOT mean sitting at a desk for five hours. Homeschooling, by its very nature, incorporates a wide variety of experiences

DISCUSSION:
Subj: Re: Il Law
Date: 97-08-21 04:55:28 EDT
From: Hallshorj

For those who asked about IL law in former posts: Download the information, but be aware the regulations look scarier than the fact. The fact is, the only authority you *have* to deal with is the state board of education. When I called and wrote for the form private schools fill out (homeschools are considered private schools in IL) they told me not to bother. The only person who I know has sent in the form did so so that our HOUSE kids can enter the state science fair under her school's name. Testing is possible at your local ps, but not required. The time requirements in the law have been dropped. Essentially, you teach the branches of education outlined by the law, in English, in whatever way you see fit, in your little private school. There is no diploma given by the state.

All in all, IL is a good place to homeschool. We have a nonsectarian statewide support organization (HOUSE) with a member on the ad hoc committee (with other private school organizations) that monitors laws in the state legislature, so we're advised if anything troubling comes up. We've had few people who've reported trouble by local officials. Some suburban Chicago school districts did try to intimidate people and sent forms to be filled out that were not required by statute, but no real legal hassles. If there is a problem, we usually handle it by asking that they show us (in writing) that whatever hoop they're trying to get us to jump through is "required by statute." It never is.

Welcome to IL. And happy homeschooling!

Laura

Subj: Re: Il Law
Date: 97-08-21 10:48:58 EDT
From: DACunefare

   :"For those who asked about IL law in former posts: Download the information, but be aware the regulations look scarier than the fact. The fact is, the only authority you *have* to deal with is the state board of education."

Actually, as you pointed out further down, you don't *have* to deal with any authority at all. :) I am quite fond of telling people "We don't have to tell nobody nothin'!"

Homeschools are private schools, and private schools are unregulated by the state. Unlike CA where private schools are required to be registered with the state, IL has no paperwork requirements for any private schools. They maintain a *voluntary* registration for private schools and have adapted a similar *voluntary* form for homeschoolers.

Deborah

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