Drawing from six years of qualitative research, this article analyzes the broad range of proposed and existing homeschool regulations throughout the United States. It argues that current homeschool regulations — and most proposals for how to improve them — misjudge the complexity of such an endeavor; state resources are misused and the basic interests of children are not protected. Theoretical arguments about the relative interests of parents, children and the state are important to consider, but our policies must also recognize the limits of what we can and should demand of this unique form of nonpublic schooling. A more modest approach to regulation that focuses on basic skills testing would ultimately be more effective at helping the students who need it most.
By blurring the distinction between formal school and education writ large, homeschooling both highlights and complicates the tensions among the interests of parents, children, and the state. In this essay, Robert Kunzman argues for a modest version of children's educational rights, at least in a legal sense that the state has the duty and authority to enforce. At the same time, however, it is important to retain a principled distinction between schooling and education—not only to protect children's basic educational rights, but also to prevent the state from overreaching into the private realm of the home and family.
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