The Hidden Children of Homeschooling

In the past fifty years, homeschooling has rapidly transformed from a fringe movement to the preferred method of education for almost four million families across the United States. The Covid-19 pandemic led to a sharp increase in the number of homeschooled children and this number has remained high ever since. With more and more families choosing to homeschool, there is a surprising lack of regulation to ensure the welfare of these children in almost every state. Eleven states do not require parents to notify their school districts of their intent to homeschool; forty-seven states do not limit the ability of child abusers or sex offenders to homeschool; and only one state requires homeschooled children to undergo the same medical exams as children attending public school. Although most homeschooling parents prioritize the best interests of their children, there is evidence that a minority of parents take advantage of the lax regulations surrounding homeschool to abuse their children and avoid the robust mandatory reporting systems of public schools. This Note identifies the regulatory gaps that leave homeschooled children particularly vulnerable to abuse and argues that specific, minimum regulatory protections need to be adopted in every state to better monitor and ensure the welfare of homeschooled children.