Schools are going to great lengths to discourage families from using creativity to serve their children’s educational needs. Massachusetts education officials are making policy pronouncements that stunt creativity in making education happen during this unprecedented pandemic, and these officials are not alone.
I work for the world’s largest homeschooling organization as its senior counsel. HSLDA staff serve over 100,000 families to make homeschooling possible. We’re seeing our membership jump dramatically as many curriculum companies also report that they are seeing unparalleled demand. Gallup reports that the number of families homeschooling is doubling in 2020.
The founding spirit of our country is the idea of self-governance, and one can see the country’s spirit of ingenuity and innovation is shining through the haze of the pandemic. Education is just one area that has presented challenges, but this year is also an opportunity to rethink how we do education. Yet, as families say goodbye in record numbers to government schools, school officials aren’t letting go of families easily.
For example, on Aug. 28, Gov. Charlie Baker issued an executive order to allow the state Department of Early Education and Care to issue guidelines to “provide for the creation of remote learning enrichment programs … in which children who are enrolled in school … during the hours of a school day … [can] attend remote learning instruction.” Also, the Massachusetts Department of Elementary and Secondary Education released guidance called “Care Options for Hybrid and Remote Learning Models.” While neither of these explicitly interfere with the ability of parents to homeschool or to create homeschool co-ops or pods, the devil is in the details. The guidelines state that “entities that provide supervision and care of children during school hours without an EEC license or EEC license exemption will be subject to investigation, closure, and fines by EEC pursuant to its statutory obligation to investigate unlicensed child care programs.”
Massachusetts is by no means the only state to do such a thing. In Oregon, state authorities may actually require a permit for families to get together.
Sadly, the existence of such policies forces families to pore over pages and pages of regulations to figure out whether a new policy applies to what churches, community groups, or families are doing. If parents have developed a group to care for their own children, even with the help of trusted adults, they should not be required to wade through state guidelines and risk being investigated. Our first response should be to empower parents to grapple with the uncertainties of educating their children during the pandemic. We can trust parents to figure out what is best for their kids.
School officials in Tewksbury, Massachusetts, are demanding parents to comply with requests that are not permitted by the law. For instance, Massachusetts homeschoolers are not required to document and prove residency status, provide the birth certificates of their children, participate in quarterly Zoom meetings, or submit multiple assessments. Other examples from Florida, West Virginia, and elsewhere show school officials giving families incorrect information about homeschooling, imposing obviously unlawful new bureaucratic demands, and issuing state-and-local-level policies that are clearly intended to exert control over how parents serve the educational needs of their children. Is it bureaucratic inefficiency, poor guidance, a lack of familiarity with the rules, or an attempt to stem the tide of revenue out the door?
Homeschooling is a haven of innovation and creativity that has delivered excellent results. Providing a tailored education in a safe and supportive environment is a hallmark of home education. Millions of families are embracing this tried-and-true educational alternative, and I will not be surprised to see many families continue homeschooling. People have told me: “I always wanted to homeschool — this was the push I needed to get started,” that “after doing remote learning from the school, I see that I can do better for my children,” and “I just don’t want my child in an environment where they aren’t allowed to hug a fellow student or socialize like they are used to.”
It has never been true that homeschooling fails to provide social opportunities, but it’s unusual for me to hear so many people saying that they are homeschooling because of the social opportunities. Even with the various restrictions being imposed by bureaucrats and governors’ executive orders, families can still figure out ways to get together safely and to support one another as they educate their children. Whether they choose to do so in community or just within their family is a decision that society should affirm and that governments should respect and leave alone.
We believe families can be trusted to do what is best for their children without being told by the government, in minute detail, the what, how, and when. Over 40 years of homeschooling history shows at least one powerful thing: Homeschooling doesn’t need lots of regulation to work well. Officials who really care about children, families, and freedom can look to homeschooling for inspiration.
Here is our message: Leave them alone and let education happen. A big surprise awaits all: highly educated children, close-knit families, and a continuation of what America stands on — innovative ways to succeed.
Michael Donnelly is the senior counsel for the Home School Legal Defense Association.
