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People can’t get out of Illinois fast enough. Only two other states lost more residents between 2023–24, and the state has lost population for 10 years in a row. The tax burden, weather, heavy regulation, and crime levels all contribute to its residents seeking an exit. So, taking this mass exodus into account, you’d think the state would try to appeal to the families that remain. Well, think again. The Cubs (and maybe even the White Sox) are more likely to win another World Series before Illinois considers the plight of the family.
In an alarming move that should concern every freedom-loving American, Illinois lawmakers are advancing House Bill 2827, known as the “Homeschool Act.” It’s an ill-conceived piece of legislation that should be renamed “The Illinois Family Exit Act” because, no doubt, many families will be looking for an exit if this monstrosity is signed into law.
It appears Illinois officials are feeling the pressure, as they have turned out amendments over the last 24 hours in an attempt to make this bill appear more palatable. Please keep up the pressure and add your name to our petition: Stop Indoctrinating Our Kids. This bill is riddled with so many issues that it must be defeated. Here's what we know at this point.
This legislation directly threatens the rights of parents to educate their children, particularly those who choose homeschooling for religious or moral reasons. When the bill was introduced, it garnered a massive negative response among Illinois citizens. Homeschool families valuing their educational freedom signed witness slips in opposition to the tune of over 50,000 in 24 hours.
Advancing out of committee on an 8-4 vote, with one vote present, this bill is deceptively framed as a measure to ensure “safety” and “accountability” but would require all homeschooling families in Illinois to register with the State Board of Education or face automatic criminal penalties. Because the bill also contains a provision for “school inspections,” it opens the door to unprecedented state intrusion into the private decisions of families – most of whom are providing their children with a quality, values-based education out of deep and sincere convictions. Imagine surprise home inspections conducted against homeschool families at the whim of the state.
There is no credible evidence of widespread issues in the homeschooling community that would justify such sweeping government intervention. Yet that hasn’t stopped this legislation from moving forward. In fact, in big-government fashion, the bill’s sponsor, State House Representative Terra Costa Howard (IL-48), and other supporters are more concerned with government regulation than religious and educational freedom, justifying this overreach for Illinois by saying, “38 other states also have regulations.” My response: As with any legislation, the devil is in the details. Regulation is one thing; onerous burdens intended to drive out conservative homeschool families or imprison them – jail time for those who don’t timely comply – is quite another.
According to Focus on the Family’s Daily Citizen, “While 38 other states do require parents to sign a declaration to educate in their homes, none of them have criminalized those who do not. Illinois would be the first.” Overall, Rep. Howard’s arguments are uncompelling at best. And apparently, Rep. Howard wants to make sure home school families are keeping their children alive, proudly declaring in an interview that the bill is necessary to make sure “we know that kids are alive, where they are, we want to make sure that they are okay.”
Hear that, parents? Illinois bureaucrats are here to protect your kids. . . from you.
Legal experts and education advocates are raising concerns that this legislation creates a direct pipeline from the home to the criminal justice system. Families who fail to comply – whether intentionally or simply due to bureaucratic confusion – could face investigations, fines, or worse. This is not about improving education; it’s about treating parents like criminals.
Rather than comporting with public school regulations, parents choosing to homeschool their children would be subjected to unimaginable government intrusion. The Homeschool Act carves out a potential criminal penalty for parents for missing the filing deadline or the associated 10-day grace period. This sets up a two-tiered system of prosecution, as public school truants are not prosecuted to the extent Illinois would prosecute homeschool families under this law.
Section 60 outlines a process for triggering investigations and enforcement actions when a parent fails to file the required form, which results in the student being presumed truant. It grants regional education offices the authority to review a homeschooler’s file and refer findings of “educational neglect” or inadequate education to the State Attorney’s Office, Department of Education, or local law enforcement.
Page 40 of Amendment 002 contains an extremely problematic addition that would require a state official to interview a child, stating:
(b) The truant officer or county truant officer notified of a homeschool in violation of Section 30 of the Homeschool Act, shall meet with the child or children complained of and make an initial determination of whether there is cause to start a truancy investigation.
(c) The truant officer or county truant officer who determines there is no cause to start a truancy investigation shall report the reasons for the determination to their respective office, and shall assist the homeschool in submitting the homeschool notification form in whatever way practicable. (Emphasis mine.)
The language used here is “shall.” The verb choice is powerful in this context as it is a mandatory action, and there is no flexibility. If it were optional, the language would be “may” or “may as seemed/deemed fit or appropriate.” This is critically important.
The response from the public has been swift and unmistakable. Thousands of concerned citizens rallied at the Illinois Capitol in protest on the day of the committee hearing. Families, educators, and advocates stood together to defend their rights and their children’s futures – sending a loud and clear message: We will not be silent while the government attempts to take control of our homes. Many were turned away by law enforcement as there was no room left inside the Capitol.
This bill is not about safety. It’s about power – undermining parental authority and stripping away religious liberty under the cover of regulation. It sets a dangerous precedent that other states could follow if it succeeds. It’s a direct affront to parental rights and school choice and smacks of the worst kind of governmental paternalism – believing that the government and not the citizenry knows best how to conduct their lives.
At the ACLJ, we stand ready to engage in this fight. We’ve defended the rights of parents and homeschoolers for decades, and we won’t stop now. The Constitution is on our side. Parental rights are not negotiable. Religious liberty is not optional. Join us in this fight and add your name to our petition: Stop Sexualizing and Indoctrinating Our Kids.
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