Wednesday, May 14, 2008

One-Family Rule

I blogged the other day about how a few people in Wisconsin would like to homeschool other people's kids along with their own. But it's illegal in this state. As much as I think the government should stay out of education, the reality is that they don't. There are rules, and some of them even have some fairly decent reasoning behind the rules.

Jeff asked about whether it could be considered legal to homeschool someone else's kid because the statute says that the parents can designate someone one else to provide the instruction.

That sentence allows for the fact that homeschool parents are not required, entirely by themselves, to provide all instruction for the child. For example, many kids learn foreign language primarily by speaking with a person who is a native speaker. Even though the kid may study a book, the primary teacher is Grandpa Schmidt who grew up in Germany (or whatever).

In other situations, the parents hire a tutor to be the full-time instructor in their homeschool. I have two friends who homeschool their grandchildren.

So, is it okay "hire a tutor" who is also homeschooling her own children? No. The next sentence in the statutes makes that very plain.

Once upon a time, the government was enforcing all the school codes onto homeschools. In the state of Wisconsin, they asked homeschoolers to have separate bathrooms for boys and girls. They asked for "Exit" signs over the doorways. There were loads of rules. With a lot of lobbying by some committed homeschoolers and some help from a few people in Madison, the legislature (among other legal changes) came to see how ridiculous it was to have the same safety requirements for a building where one family was homeschooling. If the children were safe enough at home from 3:30-bedtime, then they were safe enough there from 8:30-3:30. And so the law that affects homeschoolers no longer requires that they conform to the building codes and safety regulations enjoined upon conventional schools.

But
if I want to start "homeschooling" other people's kids along with my own, should I be exempt from safety rules? (And let's not take up whether the government has the right to enforce such rules. The reality is that they make such rules and enforce them for most public building. For those who disagree with that, you'd have to change the whole system before you can properly address whether this particular instance of building code is valid.) If I homeschool one other child, that doesn't seem like a big deal. But if I homeschool 32 other children from 17 different families, doesn't that sound more like a school than "homeschooling other people's kids"? Where's the line? How many "other kids" makes it a school instead of homeschooling?

That's why the law says that "more than one family unit" does not constitute a home-based private educational program. Saying "Well, that homeschool mom over there is the person I designated to provide my kid's instruction" does not undo the next sentence in the statutes!

8 comments:

  1. So where do you draw the line between tutoring and homeschooling? Professional tutors don't have to meet all of the safety requirements you're talking about. What about music teachers?

    What about 'babysitting' or 'school-age childcare'? Can a parent direct their child's school when that child is in another home all day? I don't know about WI, but in KY I don't have to have a daycare license unless I have a certain number of children.

    It seems that Wisconsin has some pretty strange laws. Why do they not make homeschools private schools?

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  2. Well, I'm learning all sorts of things about WI homeschooling from you. So, given what you've written here, what about homeschool co-ops? Are they legal in WI?

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  3. In Wisconsin, homeschools are considered private schools; we are governed by the private-school law.

    However, the government wanted to ensure that homeschoolers would not be asking for government funds for lunch money and bussing. So they called them "educational programs" instead of schools.

    Where do I draw the line between tutoring and homeschooling? I don't know. But my question is, "Why are we worried about drawing the line?" If you want to homeschool your kids, there is no problem. If somebody says they want to homeschool, but don't want to be bothered with teaching their kid and spending their days with their kid, then they aren't homeschooling. Why should homeschoolers be put at risk (that is, risk of a change in the law) because somebody doesn't want to send their kid to school but doesn't want to homeschool, and thus wants to find something different?

    For those who live in a state where you can have a small private school with five families under the tutelage of one or two moms, and call it a homeschool instead of a small private school, fine. But that's not the law here. And it's really not an unreasonable law.

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  4. Barbara, it depends on the co-op. If the co-op meets three days per week for 4-5 hours per day, covering most of the kids' basic subjects, then no, it's not okay. (There are some of those in a neighboring state, and it's legal there, but not here.)

    If the co-op meets 2 hours a week for extra-curricular activities or enrichment or supplemental studies (such as band or learning Russian or a study-group for trigonometry), then there's no problem.

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  5. Just to clarify,
    I'm not saying that homeschool moms are banned from tutoring kids. I'm saying that homeschool moms cannot take other kids into their own homeschool for the bulk of the other kid's schooling, making it a multi-family school.

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  6. :) I was thinking along the lines of "You teach my kid math, I'll teach your kid to play the piano."

    BUT, music teachers do teach many students from outside their family in their own home. Do they have to follow all the same rules as schools?

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  7. Trading off math and piano sounds to me like tutoring. Having the other kid in your house all day, 3-4 days per week, that'd be different. That's why I tell people who call, looking for the homeschool mom they can hire, "Nope, sorry, that's illegal."

    I don't see what this law would have to do with piano teachers having kids come through their homes for lessons. The statute that I am referring to does not refer to what is and isn't a school. The statute simply states that an instructional program provided to more than one family unit is not a "home-based private instructional program."

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  8. Thanks for the clarification :)

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