Illinois Education Code For Homeschooling
Act 169
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
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Compulsory attendance - From 7 to 17 years
of age. (Law
changed from 16 to 17 as of January 1, 2005)
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
states that:
"Whoever has custody or control of any child between
the ages of 7 and 17 years (unless the child has already
graduated from high school) shall cause such child to attend
some public school in the district wherein the child resides
the entire time it is in session during the regular school term,
except as provided in Section 10-19.1, and during a required
summer school program established under Section 10-22.33B; provided,
that the following children shall not be required to attend the
public schools:
I. 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.
Summary Outline of
Illinois School Laws the Pertain to Private Homeschools
Compulsory Attendance: Illinois Annotated
Code Section 26-1, (1981)
Ages 7-17 years of age (both inclusive)
Section 27-22
Specific Home School Statutes:
None
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.
This is an example of a compliance
letter that should only be sent in response to a contact
from a state school official.
Attendance
Attendance does NOT mean sitting at
a desk for five hours. Homeschooling, by its very nature, incorporates
a wide variety of experiences. Homeschoolers do not need to keep
any records of attendance in Illinois.
Other Resources
Illinois
Law
From Illinois House.
People vs.
Levisen
Illinois House helps explain how this case established the rights
of parents to homeschool in Illinois.
Public
Act 093-0858
January 1, 2005, update to compulsory education age from 16 to
17, and other modifications, most of which do not affect homeschoolers
in Illinois.
Summary of Compulsory
Attendance Law in Illinois
Overview from ILCHEC.
What
do I do if a truant officer comes to my door?
Be polite but do NOT let them in unless they have a signed search
warrant. Make your children unavailable to them.
Withdrawing
Children From Public Schools
When parents choose to withdraw their compulsory attendance aged
children (ages 7 - 17) from public school, there are certain
procedures that should be followed.
Return to Illinois homeschooling
information.
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