Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection
This Article describes the rapidly growing homeschooling phenomenon and the threat it poses to children and society. Homeschooling activists have in recent decades largely succeeded in their deregulation campaign, overwhelming legislators with aggressive advocacy. As a result, parents can now keep their children at home in the name of homeschooling free from any real scrutiny as to whether or how they are educating their children. Many homeschool because they want to isolate their children from ideas and values central to our democracy, determined to keep their children from exposure to views that might enable autonomous choice about their future lives. Many promote racial segregation and female subservience. Many question science. Abusive parents can keep their children at home free from the risk that teachers will report them to child protection services. Some homeschool precisely for this reason. This Article calls for a radical transformation in the homeschooling regime and a related rethinking of child rights. It recommends a presumptive ban on homeschooling, with the burden on parents to demonstrate justification for permission to homeschool.