Prior to 1985, permission to homeschool was completely at the discretion of each school district. Some districts required families to submit lessons plans; others flatly refused permission.

1986 saw the first law granting the statewide right to homeschool, removing the requirement to get the permission of the local school superintendent. This was a definite improvement over local jurisdiction, but it left many of the important definitions to be determined by administrative rules that are not approved by legislative vote. Under this law homeschoolers were required to test annually, there were no provisions for children with special needs and the district superintendents retained the right to remand students to school if they were not showing satisfactory educational progress (a definition vulnerable to change at any time).

Between 1986 and 1997, there were many attempts by various educational organizations to tighten restrictions on homeschoolers either through new legislation or reinterpretation of administrative rules. Only through the tireless lobbying efforts of homeschooling families and organizations were these efforts sidetracked.

In 1997, a bill to lessen the testing requirements and provide additional assessment options passed both the House and the Senate, but was vetoed by the governor. During this legislative session, homeschoolers made it abundantly clear that their long-term goal was complete freedom from government oversight of homeschooling.

In 1999, a total freedom bill was introduced. During negotiations, a compromise bill was developed that required one-time notification and one-time testing. Additional testing would only be required if the student scored below the 23rd percentile. After passing the House by a large majority, the governor indicated that he would veto the bill. Further compromises were made and the final bill was passed and signed into law. The definitions of educational progress were written directly into the law, an alternative assessment method (privately developed plans) for special needs students was added and the authority to remand to public school was significantly reduced. This is the law that is currently in effect.

 

While homeschooling is legally defined as an exemption to compulsory attendance laws and has proven to be an effective form of education, there are many who would like to see homeschooling outlawed, or at the least, highly regulated. Each legislative session, bills are introduced that would increase the restrictions on homeschoolers. Often these bills are aimed at solving problems outside the homeschooling community, but are written so as to directly impact us. (A good example of this is the current SB 272, which was allegedly intended to address habitually truant students, but was written to include noncompliant homeschoolers.)

 

It is important for the homeschooling community to remain vigilant in protecting the rights that have been so hard-won, if we value our homeschooling freedom.