Homeschooling- Western IL University Guide to Selected Government Information Available

I ran into this looking for something else.

Home Schooling-WIU’s Government Publications Library (Revised — 7/06)

Here’s what they have listed under Legal Information:

National Survey of State Laws

The Compulsory Education section of this book outlines each state’s educational requirements. Mandatory age, home school provisions, noncompliance penalties, and also the relevant Code sections are given. 2003
LEGL REF KF 386.N38 2003 pp. 231-246 current edition located at Gov.Pubs. desk

“Validity, Construction, and Application of Statute, Regulation, or Policy Governing Home Schooling or Affecting Rights of Home-Schooled Students”

Need cases regarding home schooling? This annotation analyzes state and federal case law regarding home schooling.
70 ALR5th 169

Illinois School Code

This section of the Illinois Compiled Statutes applies to compulsory attendance.
105 ILCS 5/26 et. al

“Regulating Home Schooling”

This article examines home schooling and other alternatives to public schools. Reasons for choosing home schooling, statistics, and state requirements are explored.
State Legislatures.September 1999 p.12-16

The Right to Home School: A Guide to the Law on Parents’ Rights in Education

This book offers a pro-home schooling examination of case and statutory law affecting home schooling. 1998
LEGL REF KF 4221.K 56 1998

People v. Levisen

A ruling by the Illinois Supreme Court that parents have the right to educate their children at home and the responsibility to ensure that the children are receiving appropriate instruction.
90 N.E.2d 213 (1950)

Education Law

This six-volume set is kept up-to-date by regular installments and offers a comprehensive analysis of education law, including a section on home schooling in Volume 3 (section 8.03[7]). Table T4 in Volume 7 offers state-by-state analysis of compulsory education requirements and exceptions.
LEGL REF KF 4119.R 36 Vols. 3 & 7

Illinois School Law Survey

A section of this book answers questions relating to home schooling in Illinois and offers relevant case and statutory law. 1998
LEGL REF KFI 1590.A 16 I 45 ed. 5 1998 pp. 184-185

“Home Schooled Children Gaining Limited Access To Public Schools”

Many parents of home schooled children desire that their children be allowed to participate in public school extracurricular activities, but many public schools are refusing this request. This article explores home schooling case law, unsuccess arguments based on constitutional grounds, and state efforts to handle this issue.
Journal of Law and Education. January 1999 Vol. 28, No. 1 pp. 25-35

“Parental Rights and Responsibilities of Control Over Children’s Education”

This article examines whether or not parents have a fundamental right to control their child’s education and addresses the Parental Rights and Responsibilities Act.
Journal of Law and Education. January 1997 Volume 26, No. 1 pp. 179-188

“Home-Schools and Interscholastic Sports: Denying Participation Violates United States Constitutional Due Process and Equal Protection Rights”

A look at the growing trend of home schooling and the legislation affecting home school and public school relationships.
Journal of Law and Education. July 1997 Vol. 26, No. 3 pp. 123-132

Wisconsin v. Yoder

This Supreme Court decision allows noncompliance with the Wisconsin compulsory education statute by members of the Old Amish Order due to religious convictions.
406 US 205 (1972)

“Parental Rights and Home Schooling: Current Home School Litigation”

This article studies the development of parental rights, home schooling litigation, and the unique legal problems presented by home schooling. 1999
West’s Education Law Reporter. Vol. 135 pp. 313-329

I embedded a link below to the Levisen ruling that I have on Corn and Oil.  Here’s some constructive information from an IL homeschooler in Growing Without Schooling Issue # 20 (not sure which year….1981?)


When people in Illinois ask us how they can legally teach their children at home, we usually suggest they look up an Illinois Supreme Court case called “People vs. Levisen”. The legal citation for the case is 90 NE 2d 213, 14 ALR 2d 1364; this just tells you the names of the series, the volume numbers, and the page numbers where you can find the decision. You can usually find a law library open to the public at your county courthouse or city hall, and the staff will help you find what you’re looking for. In an opinion dated Sept. 27 1979, the Michigan Attorney General surveyed what the courts in other states had ruled on home schooling, and summarized “People vs. Levisen” as follows:…The respondent was convicted of violating a comparable [to Michigan] compulsory education statute. The defense was made that the child was receiving private tutoring at home. The facts were that the child, a third grade student, was receiving five hours of instruction at home in comparable courses, the instruction was being given by her mother, who had two years of college work and some training in educational psychology. Further, the child showed the academic proficiency of the average third grade student. It should be observed that the tutor in this case did not possess a teaching certificate. The Illinois court defined a school as a place where instruction is bestowed upon the young. The number of children being taught does not determine whether the place is a school, so that the respondent was, in fact, providing an education in a private school for her child in her home, in lieu of attendance at the public school. But the court pointed out that the parents have a burden of showing that they have in good faith provided an adequate course of instruction in the prescribed branches of learning. Finally, the court held that the copulsory education statute was not enacted to punish those who provided their children with instruction which is equal or superior to that which may be obtained in the public schools. To the same effect is the decision of the Indiana Supreme Court in “State V. Peterman”, 70 NE 550, and the decision of the Oklahoma supreme court in “Wright v. State”, 209 P 179… For more info on these last two cases, see GWS #3, page 2. As it happens, we do not yet have copies of these three decisions in our files; if anyone would like to send us a copy, we’d be grateful. – DR

I like referring new homeschoolers to original legal documention and I truly appreciate that DR was doing the same back when very few were homeschooling.

Using someone else’s rehash of legal information  for your own family’s use can be precarious. Knowledge is power.



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