Yes, parents may homeschool their adopted children.
However, if you are a foster parent, the option of homeschooling may be determined by your caseworker.
In general, homeschooling only becomes an issue in a divorce case when the parents cannot agree with each other about the children’s education, and it’s typically only one of many issues over which parents disagree. It is outside HSLDA’s mission to say which parent should be able to determine how the children are educated when the parents disagree. In these cases, the judge must decide what is best for the children based on the evidence before him or her.
When a divorce occurs after the parents have joined HSLDA as a married couple, because both parents are or have been HSLDA members, we cannot ethically represent an interest contrary to either spouse, even though one may be trying to keep the other from homeschooling.
We provide a free information packet containing research on domestic and custody cases involving homeschooling, and where there is no conflict of interest, we will consult with our member’s personal attorney on homeschooling issues. Contact us to request the packet or ask about attorney consultation for your situation.
To keep our resources focused on helping families make homeschooling possible for their children throughout their educational journey, we are not able to extend our advocacy to parents enrolling their students in public school, including public school charter or virtual school programs.
HSLDA’s mission is primarily to advance homeschooling rights, and this extends to helping families whose decision to homeschool subjects them to suspicions of abuse or neglect.
For example, sometimes a report to child protective services (CPS) arises from a misunderstanding about homeschooling—a neighbor may see children playing outside during school hours and think that the parents are allowing them to be truant. Whether the report indicates actual abuse is occurring or not, some CPS investigators and law enforcement personnel then insist they be allowed to interview the children and search the family’s home without a warrant. They may refuse to tell the parents the allegations against them and, if the parents are hesitant about allowing the interview or home visit, may use threats of removing the children to get the parents to comply.
We agree with what the United States Court of Appeals said in the Calabretta case: “The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.”
However, current CPS and judicial practice often treats child abuse investigations as an exception to traditional constitutional rules that protect children and parents from unnecessary government intervention, especially during the early stages of a CPS investigation. We assist our members in these initial contacts with CPS investigators to ensure that their constitutional rights are protected.
