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CV NEWS FEED // As of mid-day March 20, more than 90,000 witness slips total have been filed against a homeschooling bill and its amended version that the Illinois House of Representatives’ Education Policy Committee passed along party lines March 19.
“That is a record for the highest number of witness slips filed against a bill since at least 2011,” Illinois Policy Senior Director of Labor Policy and Staff Attorney Mailee Smith stated in an article on the research organization’s website.
Eight Democrats voted for the “Homeschool Act,” HB 2827, and four Republicans voted against it. The 45-page amended bill proceeds to the House floor, with just 416 witness slips filed in its favor, as of 2:30 p.m. local time March 20. The original bill received 1,051 supportive witness slips.
According to a Home School Legal Defense Association webpage that calls for opposition to the bill, the bill “will overturn 75 years of Illinois Supreme Court jurisprudence establishing that home education is legal as a ‘private school’ — as determined in the landmark case of People v. Levisen.”
In the 1950 case People v. Levisen, the Illinois Supreme Court decided that an Illinois law that mandated that students between 7 and 16 years old must attend public school in their local district, a private school, or a parochial school unless the child has a disability, is over the age of 14 and is “necessarily employed,” or is only temporarily absent, was illegal.
What’s included in the bill
HB 2827 would require parents, guardians, or another household member who is educating the child at home to annually file a form, within 10 business days after any withdrawal of the child from public school or moving residence, informing the local public school’s principal or district, which would send the form on to the school district’s regional office of education or general superintendent, who would store the information.
The form would include, at a minimum, the name, birth date, grade level, address of child and the parent — and “assurance” that the homeschooling educator has received a high school diploma or its equivalent. The information is kept confidential, but it can be kept on file to offer students school newsletters, parent education programs, health screenings and field trips information.
The penalty for not submitting the form is that the child will be deemed truant. Under Illinois law, the custodian of a child who is chronically truant may be guilty of a Class C misdemeanor and may be imprisoned for up to 30 days and have to pay a fine of up to $500.
The bill would require that homeschooling educators have at least received their high school diploma or equivalent, that children receive instruction in certain subjects, and that children participating in public school activities must receive vaccines or sign a certificate of religious exemption.
The regional office of education could ask a homeschooling educator to provide an educational portfolio to show that the educator is providing instruction that satisfies state requirements. The portfolio would include a log of curriculum materials used, samples of materials that the child has used or created, and the administrator’s assessment of the child’s academic progress in each subject area.
The Department of Children and Family Services would notify the respective regional office of education if it has had contact with a student who is being homeschooled.
By July 2027, and then annually, every regional office of education must report to the State Superintendent of Education how many students are locally being homeschooled, their grade level, and gender. By Feb. 1, 2028, and then annually, the State Board of Education will create a report of that date.
Beginning Aug. 1, 2026, all nonpublic elementary and secondary schools in the state must annually register with the State Board of Education. Previously, this registration was voluntary. Registered schools must confirm that they will follow state laws regarding health exams, immunizations, attendance, length of term, and discrimination. The bill introduces requirements that all teachers and administrators must have at least a high school diploma or equivalent and that the school must collect — and provide to the State Board of Education and the regional office of education for the local school district — students’ names, date of birth, grade level, and home address and at least one parent’s name and home address.
What’s behind the bill’s support and opposition
The bill argues that state laws do not sufficiently protect children from abuse and neglect and that the bill’s requirements “are in the best interests of children to receive a safe and sufficient education.”
As Illinois Policy reported, “by making private schools disclose the names, addresses and other information about their students, the state government is essentially requiring families’ religions to be disclosed.”
Illinois Policy’s staff attorney and director of labor policy Mailee Smith submitted written testimony opposing the bill.
“Nothing in HB 2827 is about what’s best for kids or somehow improves education for those students who are struggling,” Smith wrote, according to the article. “Instead, it’s about tracking and regulating every single family and school that is not a government public school.”
The Catholic Conference of Illinois is opposing the bill.
“Forcing our Catholic schools to provide personally identifiable data of our students and families not only violates a basic trust between the school and the family, but also codifies an overreaching State policy that creates an intrusive relationship between the State and private institutions,” the organization stated in an action alert on its website.
Plus, it’s an unfunded mandate, according to the organization.
Capitol News Illinois reported that Executive Director Bob Gilligan of the Catholic Conference of Illinois said he understands the safety and education-supporting goals of the bill, but it’s unclear how the bill would support those goals.
According to the news outlet, homeschooling advocate Tanner Lovett claimed the bill will help protect abused and neglected children while still allowing parents to choose how to best educate their children.
The Coalition for Responsible Home Education supports the bill, which it said has components of its 2024 model legislation Make Homeschool Safe Act.
“Every child has the right to be safe, to learn, and to access resources. HB 2827 would protect those rights for children who are homeschooled in Illinois,” CRHE Executive Director Angela Grimberg said in a statement that called for support of the bill.
Democrat Reps. Michelle Mussman, Terra Costa Howard, and Kelly Cassidy introduced the bill. Mussman chairs the committee. Costa Howard beat former Rep. Peter Breen, who is now the executive vice president and head of litigation at Thomas More Society, in the 2018 and 2020 elections for House District 48.
Illinoisans can oppose the bill by contacting their representatives. Illinois Policy has a form here, and Catholic Conference of Illinois has a form here.