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<>HOME SCHOOLฎ LEGAL DEFENSE ASSOCIATION Advocates for Family & Freedom
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September 8, 2006
<>Re: The C*o*s*r Home Education Program
<>Dear Angie Forby: <>
By way of introduction, Home School Legal Defense Association is a
national organization which has as its primary purpose the protection
of the right of parents to teach their children at home. We presently
have over 80,000 members in all 50 states and the District of Columbia, with over 2700 member families in Illinois.
The above referenced family is a member of our association. Mrs.
C*o*s*r , contacted us concerning your visits to her home. She informed
us that you demanded to see her curriculum and questioned the
legitimacy of her home school education. Due to the legal issues your
visit has raised, we are responding to you on Mrs. C*o*s*r 's behalf. ~
<>The Illinois Supreme Court, in People v. Levisen, 90
N.E.2d 213 (1950), held that a home school is a private school. The
court said that a private school is "a place where instruction is
imparted to the young ... the number of persons being taught does not
determine whether a place is a school." The court further indicated
"compulsory education laws are enacted to enforce the natural
obligations of parents to provide an education for the young, an
obligation which corresponds to the parent's right of control over the
child. The object is that all shall be educated, not that they shall be
educated in any particular manner or place." Levisen at 215. Under 105 ILCS ง 5/26-1, the only requirement for private schools in Illinois
is that the instruction be in the English language and that the same
"branches of education taught to children of corresponding age and
grade in the public school" are taught.
Mr. and Mrs. C*o*s*r 's home school program fulfills all of these requirements of Illinois
law, and thus is a legal private school program. As such, their Academy
has degreeญgranting power just as any other legitimate private school
program in Illinois. Nowhere in the law does it state that you have the right to demand to see the curriculum. Mr. and Mrs. C*o*s*r 's private school meets the standards required by the Levisen case and the Illinois
statute. As the superintendent of their private school, the parents are
qualified to verify the student's educational status. We hope you will
refrain from demanding to see the curriculum of home school families in
your district as this is illegal. If you have any further questions,
please contact me. Sincerely, Christopher J. Klicka, Senior Council
<>CJK!vnr cc: The C*o*s*r Family
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