BY: ERIN M. WILSON & Juliana brannan
Originally Published: ISBA's Section on Family Law (June 2025)
Illinois public schools educate thousands of children each day. These schools are directly regulated and reviewed by the state, the Illinois State Board of Education (ISBE). However, many homeschooled children’s education slips through the cracks in Illinois. Most states have some type of regulations and monitoring in place, yet Illinois is in the minority with the fewest regulations and no monitoring regarding homeschooling.
The Illinois School Code, 105 ILCS 5/26-1 et seq., governs Illinois schools, including homeschooling requirements and regulations. The Illinois School Code is extremely lenient and gives the guardians of minor children so much freedom of choice regarding homeschooling, providing extreme flexibility to do what they choose regarding education. This liberal homeschooling standard offers little accountability for guardians who abuse this system, oftentimes leading their child to truancy. Without tracking attendance, proof of teaching, and student progress, there is no real way to ensure homeschooled students are actually being educated and attending school.
Under 105 ILCS 5/26-1, any person with custody or control of any child can legally pull their child out of school and homeschool them. Illinois requires all minor children ages six through 17 to attend public school in their district unless there is an exception in the statute, such as private schooling. “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.” 105 ILCS 5/26-1 (1). Illinois courts have held that homeschooling constitutes a private school so long as the required subjects are being taught and the student receives an education equivalent to public schools. People v. Levisen, 404 Ill. 574, 90 N.E.2d 213 (1950).
The only regulation Illinois has regarding homeschooling is that certain subject areas are required to be taught in homeschooling. Following 105 ILCS 5/26-1 and 27-1, if you homeschool your child, you must provide instruction in English and subject areas of language arts, mathematics, biological and physical science, social science, fine arts, and physical development and health. However, Illinois does not have any specific class requirements for homeschooled students. Therefore, of the above subject area requirements, no specific courses are required to be taught, allowing guardians to design their homeschool program with much flexibility. The ISBE does not monitor this regulation of subject matter, and the state does not ensure guardians actually teach this required subject matter. This could potentially cause educational neglect for homeschooled children, yet according to educational lawyers, ISBE, the Illinois Association of Regional Superintendents of Schools, or the Illinois Department of Children and Family Services will not investigate this issue. Although there is a requirement for subject areas to be taught, there are no class requirements for homeschooling. Illinois has no specific mandatory courses to be taught in homeschool. Illinois allows guardians to design their homeschool program on courses they deem fit. For example, one does not need to teach Calculus in the required subject area of mathematics. Illinois allows parents to design their homeschool program and gives much flexibility.
Unlike most other states, Illinois does not require guardians who homeschool their child to register their child with any state agency or school district. The state does not require forms, licenses, check-ins, or approvals for homeschooling. Additionally, there are no requirements on the number, length, or days of homeschooling. Homeschool classes can occur at any time of day and any day of the week.
There are no requirements or criteria for guardians to meet to qualify as an adequate educator, even if the guardian is not educated themselves. The educator at the child’s homeschool, whether a guardian, tutor, or hired company, is not required to administer tests to the child or submit those results to any state agency. Educators advise guardians who homeschool their child to follow public school high school graduation requirements if their child plans on attending college, as well as administer tests and track those scores. Universities and colleges often require a GPA and an SAT or ACT score for enrollment. They also may use SAT or ACT scores to make admission decisions and award scholarships. But again, this is all advised information and not required.
The lack of oversight regarding homeschooling has been a long debate between state officials and citizens in Illinois. Recently, there have been legislative efforts to provide more regulations and oversight for homeschool education through a proposed act titled “Homeschool Act” (HB2827). Illinois Representative Terra Costa Howard introduced this act on February 6, 2025. The Homeschool Act would introduce more oversight, ensure students receive proper education, and aim to increase accountability for guardians who homeschool their children. This Act could create a way for states to monitor and regulate homeschool education. However, there is significant pushback from the people of Chicago. Over 70,000 people have filed witness slips to oppose the Act and show their lack of support for the Act, according to NBC 5 Chicago. The proposed act has not been enacted into law, and the Illinois School Code, 105 ILCS 5/26-1, is the current homeschooling statute.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.