MEMO: Why HSLDA Opposes H.B. 2827

On April 8, H.B. 2827 sponsor Terra Costa Howard released a massive amendment to her bill (Amendment 002). It was passed the next day by the House Policy Committee. HSLDA still has major concerns with H.B. 2827 as amended.

You can use this article as a guide for speaking with your legislators and friends about why they should oppose H.B. 2827.

Reason #1

Like H.B. 2827 as originally introduced, H.B. 2827 as amended still enforces the new proposed mandatory reporting regime for homeschool families through the criminal truancy code. Section 30 of H.B. 2827 as amended creates a rebuttable presumption that a homeschool student is not truant if and only if a homeschool notification form was submitted.

Section 55 allows truant officers to request educational portfolios as part of a truancy investigation. While H.B. 2827 as amended drops the automatic criminal penalties if a family does not file a homeschool notification form, Sections 60(b), 65(c), and 70 give truant officers the power to refer homeschool families to the state’s attorney for criminal prosecution for failing to file paperwork.

And Section 20(b) gives parents who withdraw a child from public school during the school year a mere three days to file the homeschool declaration form or potentially face a truancy investigation. This type of mid-year withdrawal often happens when children are being bullied by their peers. It’s hard to overstate how harmful this will be to loving families who are simply trying to protect their children and begin homeschooling.

Reason #2

Page 40 of H.B. 2827 as amended includes new language which is deeply concerning: “The truant officer or county truant officer notified of a homeschool in violation of Section 30 of the Homeschool Act, shall meet with the child or children complained of and make an initial determination of whether there is cause to start a truancy investigation.” (emphasis added)

This means that if a family forgets to file the new homeschool notification form, a truancy official—who has the power to refer a family for prosecution to the state’s attorney—will have an in-person meeting with their minor child. There is nothing in this section protecting the sanctity of the family’s home, which raises Fourth Amendment concerns, as well as concerns of government officials referring vulnerable populations for criminal prosecution.

Reason #3

Homeschooling has grown rapidly in recent years, with significant growth coming from minority families. According to data from the Household Pulse Survey, 40% of the homeschool population in the 2022–23 school year were students of color.¹

This makes H.B. 2827’s attempt to regulate homeschool families more perplexing, and shows that much of the enforcement would be on families of color.

Reason #4

H.B. 2827 as amended includes an unfunded mandate on the Regional Offices of Education by requiring them to collect, process, and store the homeschool notification forms for all homeschool families.

This will put more paperwork and staff burdens on an already underfunded system. And the Regional Offices of Education will now have enforcement mandates on all homeschool families, when they are already burdened with massive public school truancy issues.

Reason #5

Section 15 of H.B. 2827 as amended redefines “homeschool” to mean “a program where instruction is provided in a student's home environment and which may have more than one student so long as all students in the homeschool are members of the same household … 'Homeschool' does not mean a group of 2 or more households who provide full-time instruction to students of separate households under a cooperative agreement[.]” (emphasis added)

By defining “homeschooling” as only something that happens within the home, H.B. 2827 as amended will chill educational enrichment programs outside of the home, and will discourage homeschool families from participating in educational activities outside of the home where they would be around other families, children, adults, and mandatory reporters.

Because H.B. 2827 as amended requires homeschool families to keep a detailed portfolio of homeschool activities and records, it also raises questions of whether any education that happens outside of the home will be considered by a Regional Office of Education or truant officers, if the family’s educational portfolio is reviewed.

It is important to note that during the House Education Policy Committee hearing on Wednesday, April 9, an ISBE representative testified that even two homeschool mothers meeting together with their children for homeschooling would need to register as a private school.

Yet, current ISBE guidance for registration of private schools seems to exclude home education programs, and includes additional requirements which would be impossible for many current homeschool co-ops to follow.²

Reason #6

H.B. 2827 as amended does not address the root problems of abuse and neglect. In nearly every single reported story of abuse and neglect, the child was either enrolled in public school and the abuse or neglect was not noticed, or the child was known to DCFS and tragically fell through the cracks.

DCFS is an agency in crisis.³ DCFS workers have massive caseloads and suffer burnout and secondary trauma, with little attention paid to the emotional and psychological toll placed on them. If the true goal is to protect vulnerable children from abuse and neglect, then a focus on DCFS is more appropriate than requiring homeschoolers to file a piece of paperwork with the Regional Offices of Education.

H.B. 2827 gives the public education system yet another responsibility, which will impact their ability to serve children enrolled in Illinois public schools.

Reason #7

H.B. 2827 does not address the root problems of educational neglect. Contrary to the assertions of the supporters of H.B. 2827, educational neglect is not primarily a problem in private and homeschool students. Nearly all of the educational neglect investigations and failure of students to achieve proficiency are limited to students enrolled in Illinois public schools.

If the true goal is to protect vulnerable children from educational neglect, then that is where the focus should lie: improving public school outcomes, getting children already enrolled in public school and who are habitually truant back into the classroom, and letting public schools focus on educating the children enrolled in the public education system.

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