The Politics of Homeschooling

By Antony Kolenc

This election season, criticism of the political process has reached fever pitch. A virtually unlimited flood of campaign cash has poured into the coffers of so-called “Super PACs” and political parties. Many people believe the influence of the average citizen is disappearing as Big Business and Big Labor “buy” themselves political power. In this climate, lobbyist is a very dirty word indeed. For that reason, now is a timely moment to reflect on the role of politics and lobbying in the home education movement. The fact is that many homeschooling freedoms have come only after the efforts of lobbyists. Yet, critics question whether the homeschooling lobby has grown too powerful.

The Need for Lobbying

As long as there have been politics, there have been lobbyists of one form or another. Napoleon Bonaparte noted, “Ten people who speak make more noise than ten thousand who are silent.”1 In politics, the vocal minority will make more progress than the silent majority. Thus, in the best and most ideal situations, a lobbyist speaks to politicians on behalf of those with shared interests who otherwise might not have their voices heard.

Homeschoolers did not always have a strong lobby. Before the home education boom in the 1980s, most states had no formal provisions for homeschooling. Some states tolerated the practice, but homeschooling families needed more legal recognition to avoid prosecution,2 and that could not happen unless politicians got engaged in the process. Enter the lobbyists.

State-Level Lobbying

Historically, the most important lobbying on behalf of homeschoolers has occurred at the state level. In Florida, for instance, Brenda and Craig Dickinson—founders of the Home Education Foundation (HEF)—were instrumental in passing that state’s homeschool-friendly law back in the 1980s. They believed a full-time paid staff was essential to the success of homeschooling in the state. The Foundation explains on its website that a full-time lobbyist (1) “develops relationships with legislators and people in state agencies who may impact home education”; (2) “cultivates trust of legislators over time, by visiting, assisting with information, answering questions and resolving concerns”; (3) “monitors approximately 1,800 bills each Legislative Session to protect home education”; (4) “seeks alternative solutions to issues affecting home educators as they arise in the Legislature, thus preventing further restrictive legislation”; and (5) “serves on advisory boards to create respect, opportunities and to protect home educators.”3 These are important duties that will not occur without an engaged staff.

However, not all state lobbying is centered on a full-time organization. Groups of homeschoolers sometimes pull together for a specific purpose or state issue. In Alabama, for example, a group of citizens has been working to build momentum for the legislature to pass a “Tebow” bill, which would give homeschooled students more access to public school sports.4 This shows that every homeschooling family has an opportunity to participate in important lobbying efforts at the local level. Calling a state representative may be considered a duty for those who wish to have their voices heard.

National Lobbyists

Most states have their own homegrown lobbying groups, but several organizations at the national level have made a more general impact. The most well-known national lobby for homeschoolers is the Home School Legal Defense Association (HSLDA). That group has been instrumental in policing laws across the states, as well as actively lobbying Congress. Indeed, its efforts have led some in Congress to view homeschoolers as “the most effective educational lobby on Capitol Hill.”5

HSLDA often takes on issues at the federal level. In 2011, it successfully lobbied Congress to protect the rights of homeschoolers who want to enlist in the military. It secured passage of an act that mandated “equal treatment” in recruitment and enlistment of a student who “completes a program of secondary education in compliance with the education laws of the State in which the person resides”—in other words, homeschoolers.6 This type of change to the law does not happen without a lobbying group such as HSLDA identifying a problem and proposing a solution.

HSLDA has put out a national agenda for their lobbying efforts in the current Congress. In addition to the military recruitment issue, the group hopes to accomplish five other goals. In a classic example of lobbying, it explains that it is “working behind the scenes to put together a powerful coalition of freshmen and veteran lawmakers” to have Congress propose a “Parental Rights Amendment” to the U.S. Constitution.7 This amendment has little chance of success this year, but this type of long-term goal will not ever be reached without prolonged lobbying efforts.

Criticism of the Homeschool Lobby

Although lobbying has been crucial to achieving homeschool-friendly laws in many states, the process does not come without its critics. Organizations like the HSLDA have been aggressive in pursuing an entirely “hands-off” governmental approach to homeschooling, fighting every effort to place any level of state regulation or monitoring on homeschoolers. This has led some to question whether the lobby has become too powerful, to the detriment of some at-risk children.

As an example, one law journal article argues: “State legislatures should take notice of the potential harm to [homeschooled] children educated without standards or oversight and should reexamine the appropriate level of regulation. Most should consider re-regulating the practice.”8 Indeed, even some homeschoolers support the limited regulation of their activities. Groups such as HSLDA are skeptical of such arguments, believing that “the true reason would-be reformers target homeschoolers” is that they “fear the influence homeschool parents have over their children, especially given the fact most of these parents wish to teach their faith and values—usually, Christian values.”9 Whatever side one ultimately takes in the above debate, few would deny that the success of the home education movement has been, in great part, due to effective lobbying.

Although lobbying may be a dirty word in some circles, the practice is an absolute necessity in today’s political environment. However, homeschooling families should do their homework before throwing their support behind any one organization. In particular, they should carefully evaluate whether the goals of that group mirror their own values and beliefs. If not, they should choose a different lobbying organization—or maybe even start a new one . . .

Antony B. Kolenc (J.D., University of Florida College of Law) is a law professor at Florida Coastal School of Law and a retired Air Force officer. He is available for speaking engagements at homeschool conferences nationwide. He and his wife have homeschooled their five children for more than a decade. Tony is author of The Chronicles of Xan historical fiction trilogy, as well as many legal articles. Go to www.antonykolenc.com to learn more

about him. If you have a law-related homeschooling question that you would like to see Tony address in a future column, please email TL@TheHomeschoolMagazine.com.

Endnotes:1. Napoleon 1, Maxims (trans) (as quoted in David and Hilary Crystal, Words on Wars, UNIVERSITY OF CHICAGO PRESS [2000], p. 94).2. See Patricia M. Lines, Homeschooling Comes of Age, 140 PUB. INT. 74, 77 (2000).3. Quoted information taken from the Home Education Foundation website, at lhef.org/about-hef/what-does-your-lobbyist-do-year-round-for-you.4. See www.timtebowbill.com (“We are a group of citizens of the great state of Alabama lobbying for our state public education establishment to allow homeschooled students equal access to sports and extracurricular activities.”). This was also the topic of my Legally Speaking TOS column in June 2012.5. See Daniel Golden, Social Studies: Home Schoolers Learn How to Gain Clout Inside the Beltway, WALL ST. J., Apr. 4, 2000, at A1 (quoting Bill Goodling, former chairman of the House Committee on Education and the Workforce). 6. See Public Law 112-81, Section 532, Policy on Military Recruitment and Enlistment of Graduates of Secondary Schools.7. See HSLDA, Homeschool Priorities in the 112th Congress (available at www.hslda.org/docs/news/Homeschool_Issues_112th_Congress.pdf).8. Brandon Waddell, Bringing It All Back Home: Establishing a Coherent Constitutional Framework for the Re-regulation of Homeschooling, 63 VAND. L. REV. 541, 547 (2010).9. HSLDA, Paper: Death by Homeschooling (Apr. 12, 2012) (available at www.hslda.org/hs/state/oh/201204100.asp).

Copyright 2012, used with permission. All rights reserved by author. Originally appeared in the October 2012 issue of The Old Schoolhouse® Magazine, the family education magazine. Read the magazine free at www.TOSMagazine.com or read it on the go and download the free apps at www.TOSApps.com to read the magazine on your mobile devices.