State Policy Actions to Support Homeschooling, Another Choice for Families

Overview

The educational system in America has undergone dramatic changes since our one-room schoolhouses. The Nation now boasts private schools, charter schools, and a vast network of public schools zip codes across America. Additionally, homeschooling in America has grown like never before. Since the COVID-19 pandemic, homeschooling has been America’s fastest-growing form of education (Jamison et al., 2024). The Washington Post collected data from 32 states and the District of Columbia, representing more than 60 percent of the country’s school-age population. The study showed a 51 percent increase in homeschooling in six years. This far outpaces expectations, as many parents forced into remote learning during COVID-19 decided to continue with a homeschooling model post-pandemic.

Homeschooling itself is not a new idea. Before Massachusetts passed compulsory school attendance laws in 1852, most children in America and around the world were homeschooled. By 1918, Mississippi was the last state to enact compulsory attendance. Public education then took hold of the country. Now, the United States has more than 98,000 public schools, compulsory attendance in every state, and a huge network of government school districts (National Center for Education Statistics [NCES],2021).

However, as literacy rates, math scores, and overall grade proficiency rates continue to fall nationwide, parents are looking for other options. According to 2023 data collected by the National Assessment of Educational Progress, average scores have declined by 4 points in reading and 9 points in math (National Assessment of Educational Progress [NAEP], 2023). Even with a federal education budget of $927 billion, the public education system is failing our students (NCES, 2023).

Education in America has seen significant evolution, with homeschooling emerging as a notable alternative to traditional schooling. Originally considered a niche option, homeschooling has gained momentum in recent years. This has been driven by multiple factors, including parents’ desire for more input and control over their child’s education, dissatisfaction with school environments, and a more personalized learning experience. A study conducted before the COVID-19 pandemic showed that families who chose to homeschool had concerns about school safety and the school environment (80 percent) and were dissatisfied with academic instruction (75 percent) (NCES, 2019). According to Gallup Polls, “Americans’ satisfaction with the quality of K-12 education in the U.S. has fallen six percentage points in the past year to match the record-low 36% reading on this measure, which Gallup has tracked for 24 years” (Gallup, 2023).

Parents increasingly seek to customize their children’s education, leading to a rise in resources and communities supporting alternative learning structures. The growth of homeschooling can partially be attributed to advancements in technology and access to a wealth of educational materials online. Virtual classes, educational applications, and a plethora of online resources have made it easier than ever for parents to create comprehensive curricula tailored to their children’s interests and learning styles. The Homeschool Legal Defense Association (HSLDA) is a nationwide legal advocacy group offering legal protection and advice to homeschoolers and is one of the premier resources for homeschooling families nationwide. For more than 40 years, they have served the homeschooling community as a legal resource, providing educational advice and state-by-state homeschool laws and guidance, and they boast more than 100,000 members.

Legislation and societal acceptance have also played pivotal roles in the rise of homeschooling. Over the past few decades, many states have relaxed regulations around homeschooling, making it easier for families to pursue this path. As homeschooling becomes more mainstream, societal perceptions are shifting, with growing recognition of homeschooling’s potential benefits. As a result, homeschooling is likely to continue its growth trajectory, influencing the broader educational landscape in America.

Regulating Homeschooling Nationally

As homeschooling has grown in America, several United States Supreme Court cases have defined the laws surrounding home education. In the 1920s, Oregon passed a law that prohibited private education options. This did not last long, as the Supreme Court, in Pierce v. Society of Sisters (1925), overturned this law (HSLDA Action, 2024). This case significantly affected homeschooling by affirming the rights of parents to choose private education for their children. The Supreme Court ruled that parents have a fundamental right to direct their children’s education. This decision provided a legal foundation for homeschooling, reinforcing the idea that families can choose educational paths outside the public system. It empowered many parents to educate their children at home, paving the way for the growth of the homeschooling movement in the United States.

In addition to Pierce v. Society of Sisters, Supreme Court rulings have helped define the regulation of homeschooling, especially concerning parental rights. The basis of any argument or regulation for or against policy on homeschooling becomes a discussion on parental rights in America, which have consistently been questioned, defined, and redefined, leading to several of the most famous and widely cited Supreme Court cases.

Wisconsin v. Yoder (1972) was a significant case defining parental rights. In 1971, members of the Old Order Amish religion were prosecuted because a Wisconsin state law required children to attend public schools until they were 16. Three parents refused to send their children to school past eighth grade due to their religious beliefs. The parental and religious rights on the line in this case made it a famous decision and one that every pre-law student studies in Constitutional Law.

The Justices ultimately decided 7–2 that Wisconsin law violated religious rights under the First Amendment. This remains a landmark decision that outlines and protects the religious and parental rights of families in America.

State Regulations for Homeschooling

Homeschooling is now a widely accepted option in all 50 states and the District of Columbia, but each state has its own regulations. HLDA offers the following analysis of Census Bureau Data (HSLDA Action, 2022):

The top four states with the largest percentage of families who are homeschooling are West Virginia, Tennessee, Oregon, and Oklahoma. The top five states that saw the largest rate of growth in homeschooling during the COVID-19 pandemic are New York, Massachusetts, Kansas, Illinois, and Nevada.

All 50 states and the District of Columbia have varying levels of homeschooling regulation, with some requiring assessment tests or teaching certain subjects. The most popular assessment tests, as listed by HSLDA, are the Iowa Test of Basic Skills, the California Achievement Test, the Stanford Achievement Test, the Comprehensive Test of Basic Skills, a state education department test, or another test approved by the state education department, such as the Personalized Achievement Summary System test (HSLDA, 2024).

Figure 1 illustrates how the HSLDA has categorized states and the District of Columbia into four categories: no notice or low regulation, low regulation, moderate regulation, and high regulation.

According to the HSLDA, the states with low regulation of homeschooling include Alaska, Connecticut, Idaho, Illinois, Indiana, Iowa, Michigan, Missouri, New Jersey, Oklahoma, and Texas (HSLDA, 2024).

These states do not require a notice to the government, but the majority do have a few state-mandated subjects for all public, private, or homeschooled students. For example, Texas law simply requires that parents teach four subjects—math, reading, spelling and grammar, and government and citizenship—and that the parents use some type of written curriculum (HSLDA, 2024).

On the other end of the spectrum, Pennsylvania, New York, Massachusetts, and Rhode Island highly regulate homeschoolers. These states require a notice of intent, the teaching of certain subjects, annual assessments, and more. New York specifically requires a notice of intent and submission of an Individualized Home Instruction Plan (HSLDA, 2024). A Home Instruction Plan includes lists of curriculums, textbooks, quarterly reports, attendance records, annual assessments, detailed required subjects for every grade, and more. Some argue that the intensity of the regulation infringes on the rights of the parents because the regulations become an overbearing burden and violate the privacy rights of students. Additionally, these were the same states that had intensive regulations in response to COVID-19, which could have contributed to an increase in homeschooling in those states during the pandemic.

The remaining 35 states have low and moderate regulations and requirements that are somewhere in the middle. These states require notice to the government, and many require annual assessments, mandate subjects, and include certain specifications for teachers within the home.

Homeschool Outcomes

Less research has been conducted on homeschooling than on any other educational option, partly because there are fewer homeschoolers than students in private and public schools.

Also, some recent research regarding homeschooling looks specifically at the time during nationwide school closures in response to the COVID-19 pandemic when students attended classes online. These students were still registered in their school districts as public school students and were not homeschooled by choice in the traditional sense. Due to the multiple factors, limited studies on homeschooling in America exist. Based on the limited research available, which is now several years old, the outcomes overall show good results.

In 2010, one study examined home-educated students and their college entrance tests, finding they achieved higher ACT scores, grade point averages (GPAs), and graduation rates than institutionally schooled students. The same study showed these students earning higher GPAs in college (Cogan, 2010), as described below:

Homeschooled students (26.5) reported a significantly higher ACT-Composite score when compared to the overall cohort (25.0). In addition, homeschooled students (14.7) earned more college credit prior to their freshman year when compared to the overall population (6.0). Homeschooled students reported significantly higher high school GPAs (3.74) and transfer GPAs (3.65) when compared to the overall group (3.54 and 3.44 respectively).

A 2017 comprehensive literature review of the research on homeschooling revealed that within 14 peer-reviewed studies, 11 showed a definite positive effect on academic achievement for homeschooled students (Ray, 2017). This same review looked at 15 studies of the social development of homeschooled children through adulthood. Again, the results are overwhelmingly favorable, with 13 studies showing clearly positive outcomes for homeschooled students compared to conventionally educated children. The findings of the social research were lower depression rates, less underage alcohol consumption by high schoolers, and fewer behavior problems, among other outcomes.

In the early 2000s, one researcher conducted a large nationwide study on adults who had been home-educated for seven or more years, compared to the general U.S. population of the same age (Ray, 2013). The results not only give evidence to support a better-educated adult, but they showcase the added benefits outside of educational achievement. The study shows that a higher percentage of homeschooled students had taken college courses and completed a baccalaureate degree compared to intuitionally schooled students, that 71percent of homeschooled “participate in any ongoing community service activity,” compared to only 37 percent of intuitionally schooled students, 76 percent of the homeschooled students had voted in the past five years, compared to 29 percent of the same age general population.

These outcomes show higher academic achievement but also something more: They provide insight into a deeper sense of civic duty and care for the community in the homeschooling population.

One study delved into the self-confidence of homeschooled women compared to their conventionally schooled counterparts (Ray, 2013). This research showed that while large numbers of girls in public schools were dealing with self-confidence issues, the opposite was true for homeschooled girls, who maintained self-confidence as they became adults. Of course, more research must be conducted, but while growing numbers of girls in America are suffering from depression, the homeschool movement may have something to offer families as a real solution to this problem (Geiger & Davis, 2019).

Conclusion

The COVID-19 school closures changed the landscape of education in America, as most families experienced a small taste of homeschooling. They listened to classes over Zoom and completed the courses from home, with parents monitoring. This led to an increase in parental knowledge and resulted in dissatisfaction with the education system while recognizing the benefits of non-traditional schooling methods. Microschools, private education, homeschooling, and more are becoming increasingly attractive to parents. EdChoice, a non-profit group that is researching parental education choices in America, studied preferences for homeschooling specifically. For example, in their Schooling in America Survey Dashboard, in the School Type Preference vs. Enrollment graph, they found that while only 5% are currently homeschooling, 14% would prefer to homeschool their children. That number has doubled since 2013. The same survey finds that 41% of homeschool parents are “very satisfied” with their choice, compared to 28% of public-school parents and 36% of charter school parents (private school is slightly higher at 45% very satisfied). Finally, EdChoice began tracking positive views of homeschooling, which has remained high since 2022 and sits at 69%.

Alternative education options are essential to bettering our education system and increasing school choice for all Americans. This is why school choice legislation is vitally important. Parental rights regarding children’s health, education, and social lives are rising in this country. Support for homeschooling places the power into the hands of the parents, directly allowing families to have full control of their children’s education.

State Guidance on Homeschooling

• State legislators should consider passing universal school choice policies that enable parents to allocate educational savings accounts toward schools or personalized education programs of their choosing, including homeschooling programs, virtual schools, and microschools.
• States should require school districts to allow homeschool families to participate in public school extracurricular activities, including, but not limited to, sports, theater, clubs, or other social clubs.
• State leaders should consider passing laws to safeguard homeschoolers from potential federal infringements, including inspections and testing requirements.
• State boards of education should consider increased communication with homeschoolers in their state to determine the most beneficial guidelines and funding support for this innovative educational structure.