Because the 10th Amendment to the U.S. Constitution does not allow the federal government to set educational policy, each state rightfully determines its own laws in regards to homeschool education. We share here a link to the actual homeschool statute for Wisconsin and a summary of our understanding of that law in practice; keep in mind, though, that our interpretation comes from a grassroots perspective and is not offered as legal advice. If you have questions not answered here, please contact us HERE.
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Read the text of the actual statute HERE.
Wisconsin’s homeschool law doesn’t speak of anything related to a parent’s background, experience, or level of education. Thus, any parent or legal guardian may choose to homeschool at will.
PAPERWORK REQUIREMENTS
The law requires completion of an annual notification using a form called the PI-1206, which must be completed online at the Department of Public Instruction (DPI) website. It’s important to note that the PI-1206 is not an application, as you are not asking permission; you are simply informing the state that your child will comply with the compulsory attendance law at home. Also, be aware that the DPI site itself is not entirely accurate in its explanation of the homeschool statute, so it shouldn’t be used for general reference; rather, you should comply with the current mandate to file the form on the site but otherwise ignore its contents.
In most cases, the PI-1206 must be submitted in a particular timeframe each fall (i.e., no sooner than the third Friday in September and no later than October 15). While filing earlier than the third Friday in September is not a prosecutable offense, the statute does specifically say that a headcount is to be taken on that day – and not before (and school administrators who count their student populations prior to the third Friday in September do face disciplinary action). Thus, in keeping with the strict letter of the law, the PI-1206 really should not be completed (in most cases) prior to the legal headcount day (i.e., the third Friday in September).
However, if your child has been enrolled in an institutional school (whether brick-and-mortar public or private, or online virtual public) and is being withdrawn in order to homeschool, you are in a different situation. If you want to withdraw a child from any such school in the middle of the “school year” (i.e., on any day after the school’s first official day), you must file a PI-1206 first and then formally withdraw the child from school; failure to file the form (or withdrawing before filing the form) may result in truancy accusations. And if a child finishes a “school year” but will not return for the next year, you may want to file a PI-1206 – and initiate a formal withdrawal – before the start of the new year in order to avoid truancy issues.
This is actually a confusing aspect of the homeschool law. On the one hand - according to precedent that goes back to 1984 - one cannot legally begin to homeschool until the PI-1206 form is filed, and one must file the form before initiating a withdrawal process with a school. When a continuing homeschool family waits until at least the third Friday in September to file a new PI-1206 form, it doesn't cause a problem because the children are technically "covered" under the prior year's form until October 15. But if a child previously enrolled in another school doesn't show up on the first day of a new school year and the school has no record that the family is now homeschooling - i.e., no PI-1206 form on file, no withdrawal letter - there's a risk that the school may contact the family and perhaps even make accusations of truancy. A family that finds a truant officer at its door can, in fact, refer to the text of the homeschool law and assert that it is not legally required to file the homeschool notification until the third Friday in September - but without a formal withdrawal from the prior school, the child really would be truant from that school if he were not attending the first few weeks in September.
On the other hand, filing the PI-1206 form prior to the third Friday in September does open the door to possible invasions of privacy, and we should not take that lightly; waiting until the window defined in the text of the homeschool law is usually the best practice. However, this provision really isn't clear-cut when children are being pulled from a conventional school to start homeschooling at the beginning of a new "school year." If a parent files before the third Friday in September, she risks having the school call to try and convince her to re-enroll her children, and if many people file early, it's possible that bureaucrats may think about requiring all homeschoolers to do so. Or, if she waits until at least the third Friday in September, she risks threats of truancy charges because her child would be failing to attend his previous school of record without withdrawing - keeping in mind again that the law clearly says one must file the PI-1206 form before withdrawing from a previous school. Neither scenario is ideal and experienced Wisconsin homeschoolers do not have a consensus on the best course of action. Thus, we believe that each family unit should decide which of the two risks it is willing to take, and file/withdraw accordingly.
As evident on this sample PI-1206 form, parents must tally all homeschooled children between the ages of 6 and 18. The form provides an option for tallying by specific “grade level,” but I strongly recommend – would go so far as to urge – using the “ungraded” options instead, for at least three reasons. First, it’s completely viable, legally; it’s not “more legal” to specify a “grade level” or “less legal” to tally by range. Second, it’s important to maximize your children’s privacy, which you can do by choosing a broad age range rather than one specific ”grade.” Finally, home education is about customizing the learning process for each child and the reality is that children learn at different rates in different areas; thus, tallying by the broad range option is intellectually honest because every child learns asynchronously and specific “grade levels” have little to no real meaning outside of an institutional school context.
AGE REQUIREMENTS
As applied to homeschoolers – and distinct from public school rules for kindergarten – Wisconsin’s compulsory attendance law affects children between the ages of 6 and 18. Thus, a child who has turned 6 on or before September 1 of the year in question must be tallied on that year’s PI-1206 form (and every subsequent form as long as he is homeschooled). However, if a child turns 6 after September 1 – even if his birthday is September 2 – he shouldn’t be tallied until the following year. Similarly, children younger than age 6 should never be tallied (no matter what you may be doing with them in terms of “academics”); the PI-1206 form’s only purpose is to document that children of the compulsory attendance age are accounted for. The form is not meant to alert bureaucrats to the fact that you might be doing academics with younger children, only that children between the ages of 6 and 18 are in compliance with the compulsory attendance law.
On the other end of the spectrum, you may (as schools do on occasion) graduate a child before the age of 18 if you can legitimately demonstrate that he’s met your graduation requirements, and, in that case, you may stop tallying the child on the form; however, do be prepared to demonstrate legitimate completion of high school since compulsory attendance is usually mandated until age 18. Alternately, if a child turns 18 before September 1 of the year in question, you may legally stop tallying even if you have not yet graduated him. However, it’s better to continue to tally that child until he graduates in order to maintain a “paper trail” of attendance without gaps. Some college admissions officers and employers may request copies of PI-1206 forms for all of a child’s high school years and might not accept the validity of a diploma and transcript if a form was not filed every year until graduation.
In regards to the forms, you should be sure to download and print out a handful of copies each year. The DPI does currently store past forms for a few years, but it is under no legal obligation to do so and does delete them eventually. It’s our responsibility as parents to insure that our children can properly document enrollment in our homeschool programs, and keeping copies of the PI-1206 form is part of how we do so.
OVERSIGHT REQUIREMENTS
When a parent files a PI-1206, s/he establishes (and maintains as long as subsequent annual forms are filed) a legally operating “home-based private educational program” (i.e., a homeschool). As such, the parent assumes the role of “administrator” of his/her school and bears the same rights and responsibilities as any administrator of any other other type of school. For that reason, we are not required to have our homeschools “evaluated” in any way. And, in fact, it’s illegal in Wisconsin for any governmental bureaucrat to ask for any sort of “proof” of anything we do. We should endeavor to remember that we are not under the authority of any local school district or any other entity, and we are not required to operate in accordance with what other schools do. In other words, we’re presumed to be in compliance with the law and providing a suitable education for our children, and bureaucrats may not presume otherwise absent legitimate evidence to the contrary.
SUBJECT REQUIREMENTS
The law says that we must provide a “sequentially progressive” program of “fundamental instruction” in six specific content areas (math, reading, language arts, “social studies,” science, and health) every year. We are, however, free to determine the methods and materials we use in the process because “instruction” is not defined in the statute; we may choose the resources and approaches that match our convictions and suit our children’s needs. Additionally, we get to decide how much time to spend on each “subject” each year, depending on each child’s immediate needs. As long as each of the six areas is somehow addressed each year, we’re in compliance with the law. And we may also include (within, not in addition to, the time requirements described below) any other subject areas of our choice – religious instruction, music, art, life skills, etc. - at our discretion.
In regards to the mandated subjects, some explanation is in order:
- Math: We are to see that our children make regular progress with mathematical concepts and content, and we must include some math every year. However, that does not mean – in high school, for example – that a child must earn a full credit every year or study every area of “higher mathematics.” The law simply says that the materials we use must provide a means for each child to progress through mathematical learning; it says nothing about specific content at any age;
- Reading: This includes both learning to read – though the law does not mandate an age by which every child “must” be reading – and, eventually, reading to learn (i.e., regular reading in literature and non-fiction content areas). This does not mean that a “reading curriculum” must be used every year, only that a child must engage in meaningful, developmentally appropriate reading activities each year;
- Language Arts: This overarching subject includes a number of sub-topics, including penmanship, spelling, grammar, composition, elocution/speech, and vocabulary. In most instances, it also includes reading, but Wisconsin’s law designates reading separately, as its own content area. In regards to the other six areas, the law does not say each one must be addressed every year. Instead, a parent determines which area(s) are developmentally appropriate for each child at any given time and is in compliance with the law as long as at least one area is addressed every year;
- Science: Nothing in the law mandates a particular scope and sequence for science, and we need not (i.e., should not) aim to use public school guidelines as our own. In point of fact, there is no reason to use the schools as our measure since we are the legal administrators of our own schools and are, thus, free to determine a plan of instruction we prefer. A wise parent will be sure to provide instruction in all scientific sub-areas over time – in fact, our mandate to be “sequentially progressive” in our instruction calls us to that – but the order and approach is up to us at every age;
- Social Studies: This term - “social studies” - is an amorphous, school-style word with rather unpleasant origins. For the purposes of a homeschooler, though, we should think in terms of history and geography – both American and world – as well as civics/government and, perhaps, social sciences such as economics, psychology, and sociology. As with science, no preferred or mandated scope and sequence exists within the homeschool law; each parent is free to determine what is best for his/her children at every age;
- Health: The law does not require use of a “health textbook” every – or any – year. It simply indicates that a parent must somehow address health-related topics – first aid, growth and development, hygiene/personal care, nutrition, physical education/fitness, and safety/prevention – each year as developmentally appropriate for each child. As with language arts, the parent determines which health-related area(s) are developmentally appropriate for each child at any given time and is in compliance with the law as long as at least one area is addressed each year.
TIME REQUIREMENTS
The law mandates that we spend at least 875 hours per year “providing instruction.” However, “instruction” is not defined within the law and is not limited to school-style seatwork and textbooks. In reality, “instruction” includes the use of any resource or participation in any activity that can reasonably contribute to a child’s overall education. Thus, “instruction” can legitimately include living books, media, hands-on activities, project-based learning, field trips, software and online resources, etc., in addition to (or instead of) textbooks. If a child learns from it, it “counts,” which also means that most of every child’s waking hours – not just those spent doing formal “schoolwork” - actually “count” toward the mandated hours. With this in mind, it’s not unreasonable to assert – within the bounds of the actual language of the law – that most homeschooled children easily receive between 3,000 and 4,000 hours of “instruction” every year.
The law does not mandate that a “school year” mirror a school-style calendar or be limited to a nine-month timeframe. Parents are free to set up their own “school calendars” with their choice of start/end dates and days off- and on-task, as well the hours of instruction each day. Regardless of each family’s preferred schedule, the technical definition – for purposes of meeting the number of required hours “in a year” - is October 15 of one year through October 14 of the following year. Keep in mind, though, that the law neither requires nor allows any bureaucrat to ask for documentation to that end; as with the rest of our homeschool law, we operate on the honor system here in Wisconsin.
Based on one clause in the law - “[a]n instructional program provided to more than one family unit does not constitute a home-based private educational program” - some suggest that group classes (i.e., via co-op participation or enrollment in select community-based courses) might not “count” toward the 875-hour mandate. However, the law also clearly states that instruction provided “by a person designated by the parent” can legitimately count, and the DPI unequivocally indicates that enrollment in a private-pay online school (as distinguished from publicly-funded virtual charter schools as described below) – where it is understood that children from multiple families will participate in class activities all at the same time – is one form of legal homeschooling. Furthermore, when homeschooled children take college-level courses – in group settings facilitated by a person (the class instructor) “designated” by the parent – it is standard practice to count that coursework for dual credit. And when the actual homeschool statute was written, co-ops and the like did not even exist. Thus, the contentious phrase cannot – in keeping with a good hermeneutic – mean that any content studied away from home, led by a non-parent, or in the presence of other people’s children “doesn’t count.” In other words, in considering the context in which the law was originally written, the phrase in question cannot be said to have bearing on privately-organized group classes. Rather, it simply means that home-based private education is distinct from institutional-based private education (i.e., brick-and-mortar private schools) and that a parent can only homeschool his/her own children, not another family’s children.
Some also claim we are legally required to keep “attendance records.” However, though the DPI also “recommends” doing so, neither keeping attendance records nor tallying hours is a legal requirement under the actual language of the law. Even so, if you are concerned about keeping attendance, consider THIS alternative.
Of course, all parents should keep records of their choice in order to insure that each child’s program of study is appropriate and “sequentially progressive,” and so that each child may successfully transition to adult life (i.e., by being able to produce documentation requested by colleges and employers). But the law itself does not mandate any particular record-keeping.
GRADUATION REQUIREMENTS
The law does not specify homeschool graduation requirements and most definitely does not mandate that homeschools use public school graduation requirements. In fact, as the legal administrators of our homeschools – which operate independently of public/government schools – we are charged with determining each child’s graduation requirements for ourselves without regard to what area public schools mandate. Of course, a wise parent will begin with the end in mind, engaging in necessary research (i.e., visiting college and trade school websites to learn admissions requirements, checking with military recruitment offices, etc.) to determine what a child may need for his next step in life in order to plan an appropriate course of study for him. But the key word is customization; we may legally and without apology customize a high school program for each child and determine ways to “count” all that the child desires to learn about and study.
Remember as well that the subject and time requirements remain the same for high school as for younger children – i.e. at least 875 hours of “instruction” in at least the six required areas, with any other subjects added if desired. This does not mean that a homeschooled high schooler must earn one credit in every mandated content area every year, only that they spend some time in each area every year. Thus, for example, a parent may legitimately determine a child’s graduation requirements to include two credits of science, and the child can comply with the language of the homeschool law by spreading those two credits out over the four years of high school.
It’s very important to understand that our parent-generated diplomas and transcripts are legally binding and wholly acceptable, and that – in contrast to misinformation touted by the DPI – obtaining a GED is not at all necessary or preferable. The documents we create should be accurate and professional looking but, because homeschooling is a legal means by which a child of every age may receive a legal education, our final documents – without need for outside validation or “accreditation” - are just as acceptable as those from any other legal school in the state. DPI documents also say that homeschooling “does not lead to a traditional Wisconsin high school diploma,” but this is unfortunate, ill-informed fear-mongering on the part of the agency, because that language conflates “traditional” with “legal,” insinuating they are one and the same. The truth, though, is that a “non-traditional” course of study – one taken outside the bounds of an institutional school using a wide variety of appropriate resources – is no less legal than a “traditional” one. Colleges, recruiters, and employers know this, and ask only that a student demonstrate the skills and knowledge actually needed for admission or employment, not that it must have been obtained in a “traditional” manner.
ASSESSMENT REQUIREMENTS
No standardized testing of any sort is required. And I strongly recommend that you not waste your time and money on any such tests. The purpose of standardized tests is to compare one child to another, and almost every test uses public school students as the “norm.” In reality, there is no need to compare one child against any other – and the ranking and sorting inherent in institutional school is rather inhumane when it comes right down to it – because each child is a unique individual. And comparing a homeschooled student to a public school “norm” is like comparing apples to hand grenades. What schooled kids are tested on doesn’t even do them justice...and it certainly ought not be our measure; instead, we can watch for a child’s growth and development compared to his own past ability, and because we are the child’s parents – living with him every day – we don’t need a test to tell us what he knows and is able to do.
VACCINATION REQUIREMENTS
The law does not speak to vaccination requirements for homeschoolers. No records or exemption forms are required.
OTHER
Virtual Charter Schools:
According to Wisconsin state law, even though “children who are enrolled in a virtual charter school” - also known as public-school-at-home - “receive instruction at home...virtual charter schools are public schools. If your child is enrolled in a virtual charter school, he/she is considered to be a public school student...” [by law]. Virtual charter schools operate under their own set of laws, separate from the homeschool statute. Thus, it is inaccurate for members of a family utilizing the services of a virtual charter school to refer to themselves as “homeschoolers.”
Special Education:
Public/government school districts in Wisconsin “are required to provide the service of identifying and evaluating all children in the district who may have a disability.” However, though they may choose to offer services to a homeschooled child if the child is identified as having special needs, they are under no legal obligation to so unless the parents cease homeschooling and enroll the child in the school.
Part-Time Public School Enrollment:
“...[H]omeschooled students [may] attend [any] public school on a part-time basis. A school district is required, space permitting, to allow pupils who are enrolled in a homeschool program to take up to two courses per semester at any public school. Students must satisfy the minimum standards for admission to a course offered by the school district.” Children taking one or two public school classes maintain their legal status as homeschoolers, but are, of course, subject to the rules, regulations, and schedules mandated by the school.
Public School Sports Participation:
“...[A] school board [may] permit resident pupils enrolled in a home-based private education program to participate in interscholastic athletics on the same basis and to the same extent as pupils enrolled in the district. The home-based program must provide the school board with a written statement that the pupil meets the requirements for participation, based on age and on the pupil’s academic and disciplinary records. The school district may not question the accuracy or validity of the statement and [may] not request additional information.” However, when this law went into effect in 2015, districts were given the right to strictly define “the requirements for participation” if they so desired – i.e., since public school students are all required to use common core material, a district may also mandate that of homeschooled students; or they may mandate the use of an identical grading system; that a homeschooled “10th grader,” for example, study the exact same classes as typical 10th graders enrolled in the school; that the school have access to a student’s computer, etc. As long as the demands made of a homeschooled participant do not differ from expectations for schooled students, the schools maintain a right under the sports participation provision to exert great influence over homeschoolers who seek to join public school sports teams. While some districts are more flexible than others, you should be aware that choosing to participate in public school sports does put you under the direct authority of the public school district, a legal fact which is not true when you avoid such participation.
Current laws make no provision for the involvement of homeschooled students in other public school extracurricular activities. Some districts may allow participation upon request – especially for a student enrolled in one or two classes at a school – but, as with the sports provision, the districts then gain a measure of control over your homeschool program in return.
CONCLUSION
The Wisconsin homeschool law was originally passed in 1983. And, despite regular attempts by special interest groups to whittle away our great freedoms, it remained stable until the unfortunate and dangerous passage of the “sports provision” in 2015, when – for the first time in more than 30 years – some homeschoolers were placed (put themselves) under the authority of public/government schools. Sadly, occasional attempts to alter the current law continue. And, perhaps even more egregiously, some in the homeschool community promote falsehoods about the law (i.e., suggesting that certain practices are "required" when they really are not). So we – like homeschoolers in every state – must be vigilant. We should endeavor, if possible so far as it depends on us, to live peaceably with all (Romans 12.18), aiming to educate our children quietly according to our own individual convictions. But we must also be ready to stand up boldly for our rights if necessary, willing to do whatever it takes to maintain – or, if possible, improve (via a decrease in regulations) – the current law.
