Rise of the Machines: Homeschool Filings in the Digital Age

School districts are increasingly demanding that homeschooling families file notice of intent paperwork online, rather than through the old-fashioned “snail mail,” to the point where it is rapidly becoming a national problem.

Our digitally connected world and the continued growth of technology are only exacerbating the problem. As a result, more and more families are facing extralegal requirements from their school district each year. How did we get here?

The legal outlook for homeschooling was very different in the ’80s and ’90s when homeschooling was becoming more popular. HSLDA battled in legislatures across the country to advance homeschool freedom. We worked successfully with pioneering homeschooling parents, homeschool leaders at the state and local level, and freedom-loving state legislators.

Decades later, homeschooling is legally protected in all 50 states. However, there is no one-size-fits-all national standard for homeschooling. Some require annual notices of intent. Some require a one-time notice of intent. Some are more strict. Some are more lenient. In some states, no filing is required.

We have a patchwork of 50 state laws, and that is a good thing. We don’t want to see homeschooling nationalized or federalized, as federal government involvement will invariably lead to a loss of freedom overall. More importantly, the Constitution does not give the federal government the authority to have any involvement in controlling education (this is why the Department of Education generally attempts to regulate public education through federal spending authority).

Despite their differences, though, all of the states do have one thing in common. Their homeschool laws were passed before Al Gore “created” the internet. As a result, nearly every single state that requires homeschooling families to file notices of intent also requires those notices to be filed with or mailed to the local school district. These laws provide families with flexibility on how they opt to file those notices.

There are a few exceptions. In Georgia, for example, state law requires the filing in a “written or electronic” format, and virtually all families file electronically. But most homeschooling families across the country have been free to file on paper rather than online.

The digital age comes for homeschools

That has changed in recent years. As the world has grown increasingly online, more government officials are working remotely, and cloud computing and digital storage are on the rise. Meanwhile, the number of families homeschooling has risen significantly, which has increased the paperwork burden on some officials. As a result, more and more school districts are refusing to accept paper filings, whether by mail or physical drop-offs.

Gone are the days of Miss Betty, the venerable school district secretary who knew where every single file folder was located in the central office. In venerable Miss Betty’s place has arisen HAL 9000. As a result, school districts are moving to digitize everything.

Our attorneys heard from a multitude of families in the past year who were told their paperwork would not be accepted unless it was filed electronically. The school districts often demand that families use forms designed for public school students. This has happened in Kansas, Maryland, North Carolina, Wyoming, and in other states across the country.

Districts can get away with making these demands of public school parents because they have to comply if they want to send their kids to the public schools. But homeschooling parents can’t be pushed around, and many of them understandably balk at mandates from the public schools that have no basis in state law.

The problem with online filings

We’re not Luddites at HSLDA. We love technology and use it daily to serve the homeschool community. And we do realize that some homeschooling parents have no problem filing online—maybe that’s you. If you don’t object to electronic filing and find it’s more convenient for your family, then more power to you! HSLDA respects homeschooling families, and we would never criticize a parent for choosing what is best for them and their kids.

However, we also vigorously defend families from extralegal demands by school districts. We have seen that when school districts demand homeschooling parents use an online form or portal, they virtually always include demands for information not required by law.

HSLDA has worked long and hard to correct this problem. But school districts seemingly cannot help themselves when it comes to demanding more information than is required by the law. This is one reason we always encourage our members to use our HSLDA forms.

We have seen requests for dates of birth, ages, Social Security numbers, proof of residency, detailed curriculum descriptions, and more on school district online forms, even when these are not required under state law. (And as we’ve already noted, we also see school districts demand families use online forms or portals when they are not required by law.)

This is a legal issue where a school district is trying to mandate extralegal requirements on homeschooling families, and HSLDA will vigorously fight such attempts if asked to do so by our members. If a state’s law does not mandate an electronic filing, and a family would rather file their notice of intent to homeschool on good old-fashioned paper, then a school district has no authority to force a family to file electronically.

Online filings also raise a privacy concern. We have seen many districts request that families use online forms that are uniquely vulnerable to hacking.^[1] And even for school districts that use more secure online registration or filing systems, the threat of hacking, ransomware, and other online vulnerabilities is still very real.

Importantly, the Family Educational Rights and Privacy Act—a federal law protecting the privacy and data of students—makes no mention of “homeschooling” or “home educated” students. The law also has numerous exceptions, has no private right of action, and is rarely enforced by federal officials.^[2]

So unless a state has a strong data protection law encompassing homeschool students (and most states do not), there is no recourse for a homeschooling family if their child’s records are compromised. And that threat increases dramatically when information moves online.

Easing the burden

If you are a member whose district is making an unlawful demand that you file online, please contact us immediately. We will put our experience fighting misguided officials to work for you. You have a legal, constitutional, and God-given right to choose how to educate your children.

And keep in mind that while school districts and state agencies are drowning under the increased number of homeschool students, respectfully, this is not our problem. If states with filing laws on the books are overwhelmed with paperwork, there is a simple solution. They can stop requiring homeschooling families to file annually with the government. This extraneous paperwork is a burden on both homeschooling families and on our friends who work in public education. It’s an unfunded mandate for public schools.

We have a simple message for state policymakers: Homeschool freedom works. Update your state laws accordingly. Reduce the burden on homeschooling parents and public school districts alike. Get rid of mandates that homeschooling families file annually with the local school district.

Numerous states, including Texas, Illinois, Michigan, and New Jersey, have no requirement that families file an annual notice of intent with the local school district. More states should follow suit.

It has long been perplexing that homeschooling families have to answer to the public schools. And with the existential challenges that public education faces today and the massive rise in the number of people homeschooling, it is time to get rid of these burdensome reporting laws.

ENDNOTES

^[1] Bob Ertl, “Best Practices for Web Form Security,” Kiteworks, June 2, 2022, https://www.kiteworks.com/regulatory-compliance/web-form-security/.

^[2]Gonzaga University v. Doe, 536 U.S. 273 (2002); Lynn M. Daggett, “FERPA in the Twenty-First Century: Failure to Effectively Regulate Privacy for All Students,” Catholic University Law Review, Vol. 58, Issue 1, Fall 2008, Article 4, at 67: “…the FPCO complaint process is more an annoyance than a deterrent.”