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Illinois
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
Illinois home
schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
Illinois Home Schooling Compulsory School Age From 7 to 17 years of age.
(changed from 16 to 17 as of 01 - January -05)
Illinois home schools are private
schools as long as they comply with Section 26.1 of the
Illinois State Statutes. As established by the Illinois
Supreme Court in People vs. Levison (1950), Illinois laws
pertain to all schools, including private schools, and
provide for certain subjects (including a requirement for
physical education) to be taught, in the English language.
If contacted by state school officials, homeschoolers may
respond in different ways, including submitting a typed and
signed letter stating simply that the children are receiving
private education as required by Section 26-1.
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.
Illinois School Code has only two basic requirements for
private home schools:
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.
Alternative Statutes Allowing for Home Schools:
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"
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.
The statement of assurance form, while still
voluntary, has been changed to a non-public school
registration form:. On this form there is now the
option to check if you are homeschooling.
