Legal / Legislative Updates

WASHINGTON, D.C.

Tragedy Prompts Calls for Heightened Scrutiny of Homeschoolers

Just weeks after District of Columbia resident Banita Jacks made headlines across the nation for allegedly murdering her four daughters, a Home School Legal Defense Association member family in the same school district received a visit from a D.C. Child and Family Services (CFS) caseworker.* (Jacks had allegedly withdrawn her children from public school claiming she planned to homeschool them. However, CFS had been previously involved in her family's case and her file was wrongly closed after CFS workers failed to follow proper procedures.)

Although the caseworker who showed up at our member family’s door was there to investigate abuse allegations-which turned out to be false-she questioned Mr. and Mrs. Hanson (name changed to protect family's privacy) about their children’s schooling. Upon learning that the Hansons teach their children at home, she warned the family that CFS was “really going to crack down” on homeschoolers The caseworker told the Hansons they should be prepared to defend their educational choice and even suggested that they retain an attorney.

Concerned that the fact that they homeschooled would trigger a major investigation, the Hansons contacted HSLDA for assistance. Fortunately, their homeschool has not yet been threatened and the abuse allegations have been determined “unfounded.”

The danger is not over yet, however. In the wake of the Banita Jacks tragedy, Mayor Adrian Fenty has promised to establish a system to “better track” homeschooling families in D.C., and is following through on that promise by commissioning the Office of the State Superintendent of Education to develop policies on homeschool notification and attendance.

We see very few tragic child abuse situations in the homeschooling community, but when they do occur, government officials are often quick to point out the need for more regulation of homeschoolers so that the state can protect children from abuse. Studies have clearly shown, however, that the vast majority of homeschooling parents responsibly and effectively teach and care for their children.

Public officials should be reminded that the purpose of the compulsory attendance law is to serve the state's interest in education, not keep tabs on children or detect potential child abuse. Research shows that this purpose is generally upheld in practice-for example, 84% of child abuse and neglect reports come from community and professional sources, not educators (United States Department of Health and Human Services, Administration on Children, Youth and Families, 2007). Furthermore, those who argue that homeschooled students are at a higher risk of being abused in secret should consider that homeschoolers are more socially active, particularly with adults, than conventionally schooled students, and that abuse and neglect occur far more often in nonhomeschooling families than in homeschooling families. Thus, arguing that rare instances of severe abuse justify more scrutiny of homeschooling is unfair.

Public policy makers should also remember that the Supreme Court, in Parham v. J.R., recognized that the “natural bonds of affection lead parents to act in the best interests of their children,” which is, of course, what occurs in most cases. Given these facts, public officials should be careful to avoid an overreaction that imposes more regulation on homeschooling families.

When HSLDA becomes aware of situations like the one involving Banita Jacks, we emphasize that homeschooling is still an effective way for parents to educate their children, and that in a free and democratic society, we must be careful not to sacrifice constitutionally protected freedoms for increased regulation in reaction to the criminal activities of the very few. In the Jacks case, homeschooling was mentioned, but it did not cause the tragedy. In fact, Mayor Fenty recognized CFS’s role in the situation by firing several caseworkers for failing to follow proper protocol.

Extensively regulating homeschoolers is not the solution to these types of problems, and HSLDA is actively working to ensure that D.C. officials do not restrict homeschooling freedom. Recently, HSLDA attorneys met with those responsible for the new home education policies, and we continue to actively communicate with them.

— by Michael P. Donnelly