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A dangerous overreach into parental rights in the Land of Lincoln

A dangerous overreach into parental rights in the Land of Lincoln

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A dangerous overreach into parental rights in the Land of Lincoln

Illinois House Bill 2827 is a solution in search of a problem, one that would do more harm than good by burdening parents with unnecessary regulations. It's more an attempt to monitor parents rather than caring about good academic outcomes for students.

Jenna Ellis
Jenna Ellis

Jenna Ellis served as the senior legal adviser and personal counsel to the 45th president of the United States. She hosts "Jenna Ellis in the Morning" weekday mornings on American Family Radio, as well as the podcast "On Demand with Jenna Ellis," providing valuable commentary on the issues of the day from both a biblical and constitutional perspective. She is the author of "The Legal Basis for a Moral Constitution."

Illinois House Bill 2827, the so-called "Homeschool Act," represents a fundamental assault on parental rights and individual liberty. By imposing additional regulations and state oversight on homeschooling families, this bill undermines the well-established right of parents to direct their children's education – a right the U.S. Supreme Court has long recognized as foundational to American liberty.

Furthermore, the bill's implicit assumption that the government is better suited than parents to determine what constitutes a "quality" education is not only paternalistic but also unsupported by evidence.

The right to direct a child’s education

For nearly a century, the Supreme Court has affirmed the rights of parents to control their children's education. In Pierce v. Society of Sisters (1925), the Court struck down an Oregon law requiring all children to attend public school, ruling that "[t]he child is not the mere creature of the State." Parents, the Court emphasized, have the primary responsibility to guide their children's upbringing – including their education.

Similarly, in Wisconsin v. Yoder (1972), the Court reaffirmed that parental rights in education are fundamental, holding that compulsory high school attendance laws could not override a family's religious and educational choices.

By seeking to regulate homeschooling under the guise of ensuring child welfare and "quality education," House Bill 2827 disregards this long-standing precedent. Children belong to parents, not the state; so parents, not the state, have the right and duty to educate their children in a manner consistent with their values, religious beliefs, and unique learning needs.

Homeschooling produces high-achieving students

Proponents of increased regulation claim that oversight is needed to guarantee educational quality, yet the data overwhelmingly show that homeschool students excel academically, socially, and professionally. According to a study published by the National Home Education Research Institute (NHERI), homeschoolers score 15 to 30 percentile points higher than their public-school peers on standardized tests. Additionally, a 2010 NHERI study found that homeschool students had an average ACT score of 22.8 – almost two points higher than the national average of 21.

Beyond test scores, homeschool graduates succeed in higher education and the workforce. Research by Dr. Brian Ray in Academic Achievement and Demographic Traits of Homeschool Students: A Nationwide Study found that homeschoolers are more likely to graduate from college than their traditionally schooled peers and report greater career satisfaction. Many colleges – including Ivy League institutions – actively recruit homeschoolers due to their independent learning skills and strong academic performance.

If homeschooling is producing such exceptional results, why should the state step in to "fix" something that is not broken? House Bill 2827 is a solution in search of a problem, one that would do more harm than good by burdening parents with unnecessary regulations. This is all about attempting to monitor parents rather than actually caring about good academic outcomes for students.

A 'right to quality education' is subjective & dangerous

The bill’s underlying premise – that children have a right to a "quality" education, ostensibly defined by the state – is inherently subjective and invites government overreach. Who determines what is "quality"? The same government-run education system that routinely fails students in public schools? Illinois public schools currently rank in the bottom half of the nation in key education metrics. If the state cannot ensure quality education within its own system, how can it justify meddling in successful homeschooling families’ classrooms?

This argument echoes the flawed logic behind increased state intervention in education nationwide. The idea that the government should be the arbiter of educational standards presumes that one-size-fits-all solutions work – when in reality, every child is different. Parents are in the best position to determine their child's needs, not bureaucrats beholden to political interests.

Defend parental rights: Oppose Illinois House Bill 2827

House Bill 2827 is an unnecessary intrusion into the rights of parents to educate their children as they see fit. It ignores Supreme Court precedent affirming parental rights, disregards overwhelming evidence of homeschool success, and imposes a vague, subjective notion of "quality" that serves only to expand government power.

If Illinois legislators truly cared about educational excellence, they would focus on providing more school choice and greater access to homeschooling rather than interfering in a homeschooling model that has proven to work. Parents, not the state, must retain the fundamental right to direct their children's education.

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