Child Abuse and Oversight

Child abuse and neglect are devastating public health and welfare problems in our state and in our nation. Tragically, the United States is consistently among the developed countries worldwide with the highest rates of child abuse and total child mortality. In Wisconsin, the state is empowered to intervene in any situation where they believe a child is being harmed, no matter where the child is being educated.

Because the vast majority of children in the U. S. attend traditional schools, the vast majority of criminal abuse and neglect that happens to school age children happens to children who attend traditional schools. On the rare occasion that a homeschooling family is charged with crimes of abuse or neglect, some parties may attempt to frame the abuse as a homeschooling issue. WHPA believes child abuse and neglect are not homeschooling issues.

Here are some important points to consider:

First, in criminal cases of child abuse and neglect, reporting often fails to verify the legal homeschooling status of the family.

In Wisconsin, a home-based private educational program (also referred to as “homeschooling”) is a legal designation that includes only parents or guardians who have properly filed the PI-1206 Homeschool Report with the Wisconsin Department of Public Instruction. Proper filing of the PI-1206 Homeschool Report includes a legal affirmation that the parent or guardian will meet all the requirements of Wisconsin law.

Unfortunately, reporting around cases of child abuse and neglect often fails to distinguish between claims of homeschooling and actual truancy or school avoidance. For instance, early reports may include a phrase like, “the parent claimed to be homeschooling their children,” without establishing whether or not the parent was actually in compliance with their state’s homeschool law. The public can be left with the misconception that the family is homeschooling, when in fact they are not meeting the legal definition of a homeschool and are, therefore, truant.

In some cases, the true legal schooling status of the family is unknown unless and until there is a criminal trial. In many cases, the issue is not addressed at trial or there is no trial at all due to a plea agreement, and as a result the actual legal schooling status is never publicly disclosed. Reports link the family to homeschooling and fail to correct this misconception, when in actuality, the parents were in violation of compulsory attendance statutes. In other words, the family was not homeschooling at all, but were truant.

Second, laws and agencies like Child Protective Services (CPS) already exist to respond to allegations of child abuse and neglect, regardless of where a child is being educated. Many professionals and community members who regularly interact with children outside of schools are mandatory reporters of suspected abuse and neglect.

Third, when a case of criminal abuse or neglect is connected to homeschooling – legitimately or not – reports are often followed by calls for increased regulation on homeschoolers. These calls for increased regulation ignore the facts that most abuse and neglect happens to traditionally-schooled children; most reported cases involve truancy and not legal homeschooling; most cases involve families who were already under increased scrutiny from government services.

Further, calls for increased regulation routinely fail to cite any evidence that increased regulation would decrease child abuse and neglect. Calls for increased regulation rarely address how or by whom such increased regulation would be carried out. Whether or how such increased regulation comports with Constitutionally-protected parental rights is almost never addressed.

Most tellingly, calls for increased homeschool regulation rarely address the fact that the overwhelming majority of child abuse and neglect of school-age children happens to children who are already regularly in direct contact with the exact types of services being suggested as a solution to alleged abuse by homeschoolers.

Families who homeschool legally should not face additional scrutiny as a result of their valid educational choice.

In conclusion, the key points to keep in mind are:

  1. Child abuse and neglect are serious public health and welfare problems.
  2. Laws and agencies, like Child Protective Services, already exist to respond to allegations of child abuse and neglect, regardless of where a child is being educated.
  3. There is no evidence that children who are homeschooled are at greater risk of criminal abuse or neglect.
  4. There is no evidence to suggest that increased regulation of homeschooling results in lower rates of child abuse.
  5. Reporting about criminal child abuse and neglect cases frequently confuses legal homeschooling and truancy.
  6. It is not logical to assume that abusive parents who aren’t following the laws that are already in place would follow additional laws, such as increased regulations for homeschooling.

Wisconsin Homeschooling Parents Association cares deeply for the well-being of children. WHPA supports all Wisconsin homeschooling parents who choose to take responsibility for the education of their children and homeschool legally, according to their own principles and beliefs.

It is up to all of us to be informed about these issues and to stand together and use our voices to let people know that these horrific situations do not reflect homeschooling or the homeschooling community.