Memorandum submitted by Department for Children, Schools and Families

 

Annex F - International Comparisons

 

Summary

 

ˇ Legal status of home education - Many countries allow parents to educate their children at home, although it is compulsory to attend school in some countries (e.g. Germany). There are differences in the degree to which home educators are regulated and monitored.

ˇ Registration and monitoring of home educators - Many countries (e.g. Australia, Sweden, Ireland) require home educators to register with local government authorities. The registration is often time-limited and subject to the assessment of the educational programme. By contrast, there are no requirements for home educators to register with local authorities in England.

ˇ England - There is no legal requirement for children to attend school. Home educating families are not currently obliged to register with local authorities or follow the national curriculum. The lack of registration means that it is not possible to identify accurately the number of children educated at home, although 2007 estimates range between 45,250 and 150,000. There are, however, some indications that the number of home educators is rising. Parents in England choose to educate their children at home for a variety of reasons including: dissatisfaction with schooling, religious beliefs, special educational needs, health reasons and risk of exclusion. Home educators are not currently exempted from conditions related to the receipt of welfare benefits.

ˇ Australia - home education is legal throughout Australia, though the degree of regulation is different in different states and territories. In New South Wales, home educating parents must gain approval from the Office of the Board of Studies, subject to an assessment based on a home visit. The registration period lasts between 6 months and 2 years. Home Educators are exempted from the activity requirements that lone parents are normally subject to if they are in receipt of the Parenting Payment benefit.

ˇ Sweden - Home education is rare in Sweden, only 95 children are registered as home educated in 2007/2008. Parents can be allowed by the local education school board to educate their children at home for one year at a time. There are no exceptions from social benefit regulations based on home educator status.

ˇ Ireland - Since the Education (Welfare) Act came into effect in 2002, home educators have been required to register with the National Educational Welfare Board (NEWB). Parents are required to submit a written application and the educational programme and environment are inspected by the NEWB. The Department of Social and Family Affairs' guidance on benefit receipt does not specify any exemptions relating to home educator parents.

ˇ Performance of home educated children - A review of eight recent studies comparing the academic performance of home-educated and schooled children in the US noted that all but one study found that home educated children had higher average scores than their comparison group. These findings should be treated with caution as the results may be attributable to parental characteristics (e.g. better educated, higher incomes). Some of the studies were also based on small samples and therefore of limited generalisability. A small-scale UK study (n=35) of home educated four-year olds reported better performance among home-educated children; however, the scale of the research means that generalisations are not appropriate. The diverse characteristics of home educated children makes it difficult generalise about their academic performance.

Background

 

Available Evidence

 

3. This paper is a short evidence review, based mainly on published research sources, but also including information provided by relevant organisations' websites (e.g. Home Education Network Ireland; Home Education Association Inc. [Australia]) and also via communication with officials in other Government Departments and other countries. This paper does not aim to provide a comprehensive review of the body of research on home literature, which is extensive. It considers a small sample of available evidence to provide information on the status of home education in a variety of countries.

 

4. It is relevant to note that home education is quite a contentious issue internationally. Although published as academic articles or books, some of the available information is written by researchers who implicitly support the home education movement. For example, while Brian Ray's survey reports that on average home educated children are in the 87th percentile, or top 13 per cent of children in the USA, based on the results of standardised academic achievement tests, his work is sponsored by the Home School Legal Defense Association and families were contacted through home school organisations, thus potentially creating a sampling bias.[1] It is therefore necessary to be aware that many of the academic papers, while relevant and informative, may also be ideologically inspired.

 

5. It is also important to note that the research on home education focuses on issues such as the academic and socio-emotional impacts of home schooling on children. The published evidence does not include information on the benefit status of home educator parents and whether home educators are exempt from conditions attached to benefit receipt in different countries. I have provided this information, where available, based on information provided on the Government websites of the respective countries.

 

Defining Home Education

 

6. Before examining the international evidence on home education, it is first necessary to offer a definition of 'home education' and provide some general background on the issue.

 

7. The Department for Children, Schools and Families (DCSF) uses the term 'elective home education' 'to describe parents' decisions to provide education for their children at home instead of sending them to school. This is different to home tuition provided by a local authority or education provided by a local authority other than at a school.'[2]

 

8. A more general definition is provided by Petrie:

 

Home education is the education of children in and around the house by their parents or those appointed by the parents. It can be seen as a temporary or permanent alternative to the education which is provided by the state or by private schooling.[3]

 

9. Further consideration of the definition of home education is relevant when considering its legal status and the statutory obligations of the authorities with regards to home educated children. This issue is considered below in relation to the status of home education in different countries.

 

Evidence

 

England[4]

 

Regulation and Population

 

10. There is no legal requirement for children to attend school in England. Section 7 of the Education Act (England and Wales) states that:

 

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable: (a) to his age, ability and aptitude, and (b) to any special educational needs he may have, either by regular attendance at school or otherwise.[5]

 

11. There is little regulation of home educators in England. They are not obliged to register with local authorities or follow the national curriculum. Table 1 in Annex A provides details of the legal status of home education in England and also summarises local authorities' statutory obligations regarding the identification and monitoring of home educators.

 

12. In England, there are no reliable data on the number of children educated at home. The most recent study, published by the Department for Education and Skills in 2007, notes that:

 

The statistical evidence on the incidence of home education is inconsistent and there is no official recognised source. Numbers quoted in the literature vary widely and suggest the figure lies between 45,250 and 150,000.[6]

 

13. The lack of any legal obligations for parents to register their intentions to home educate their children means that there may be home educated children who are unknown to local authorities. It was for this reason that the authors concluded that it would not be possible to ascertain reliably the number of home educated children in England.[7] There is some evidence to suggest that the numbers of home educated children are rising. There are 1,245 children in receipt of EHE known to the 9 local authorities sampled. Based on the total number of children in school in England, it is possible to extrapolate crudely that the number of home educated children known to local authorities could be around 16,000. Comparing the figure of 16,000 to similar estimates given in 1999 suggests that the number of home educated children known to local authorities may have increased almost three-fold. However, this may be due to improved recording rather than an actual increase.[8]

 

14. Although it is not currently possible to provide a reliable figure for the number of home-educated children in England and Wales, it is worth noting that provision has been made to record information on all children in England, which will provide this information in future. Section 12 of the 2004 Children Act set up the legal framework for the operation and maintenance of ContactPoint, a database which will contain basic demographic and contact information on all children in England, including 'contact details for services working with a child: as a minimum, educational setting (e.g. school) and GP practice, but also other services where appropriate.'[9] ContactPoint will be set up in local authorities in Northwest England in September / October 2008 and then in all other local authorities and national partners by May 2009. The aim is to provide a co-ordinated response to children's needs.[10]

 

Motives for Home Education

 

15. A 2007 feasibility study examining the prevalence of home education in England[11] based on a sample of 18 home educating parents, 9 local authorities and 6 home education organisations, noted the most common reasons for home education in England as being:

 

1. Dissatisfaction with school discipline and safety (including issues such as bullying, school phobia and dissatisfaction with the standards of behaviour in the school).

2. Dissatisfaction with the quality of education and/or the curriculum.

3. Religious or ideological beliefs. These included home education by Gypsy, Roma and traveller parents due to concerns over discrimination and erosion of their culture. Religious backgrounds (Muslim and Christian) were cited by several parents as a major reason for home educating. Several parents expressed an ideological opposition to the school system.

4. Children with Special Educational Needs (including dyslexic, autistic and gifted and talented children) - some parents felt that their children's needs were not being adequately met in school.

5. Choice of secondary school - some parents decided to home educate their children because they felt that the allocated school was unsuitable.

6. Health reasons - in one case, a child was home educated due to having missed substantial periods of schooling due to chronic illness.

7. Local authorities also cited risk of exclusion or prosecution as reasons why some parents opted to home educate.

 

16. This range of reasons indicates that the population of home educators within England is diverse. It is for this reason that Rothermel suggests that traditional taxonomies of classifying home educators by motivation are insufficient.[12] Many of the taxonomies are based on surveys of home educators in the US, where a Christian faith-based rationale is far more common.[13] Examining a sample of 491 home educating families in the UK, Rothermel noted the following parental rationales for home educating:

 

 

 

 

 

 

Figure 1: Parents' descriptions of what had motivated them to home educate (n=412). Participants could give more than one answer.[14]

 

Rothermel notes that, 'Overall, the motivations could be divided very approximately into two groups, those concerned with school and those concerned with family ideology.'[15]

 

Benefit Status

 

17. Home educators are not currently subject to any special status or exemptions from conditions placed on welfare-to-work benefit receipt. Home educator lone parents are on Income Support (IS) due to their lone parent status rather than because they educate their children at home. In this regard, home educating lone parents on Income Support will lose their IS eligibility in line with the increased conditionality linked to the age of youngest child, which is to be phased in from November 2008. Lone Parents who move onto Jobseekers Allowance (JSA) will then be subject to the full JSA regime, including a requirement to actively seek work. During the consultation on the In Work / Better off: next steps to full employment Green Paper (July 2007) (insert ref), feedback received from external stakeholders indicated that: 'It was strongly felt that increased conditionality was not appropriate for... parents who choose to home educate.'[16]

 

Australia

 

Regulation

 

18. Home education is legal throughout Australia, although the law varies in different states and territories regarding the degree of regulation required in terms of the registration and monitoring of home education arrangements. A summary of the legal status and regulatory requirements on home educators in New South Wales is provided in table 1 in annex A below.

 

19. In New South Wales, parents who decide to educate their children at home must have the approval of the Minister for Education and Training, an authority which has been delegated to the Office of the Board of Studies, in order to be registered. Application forms are submitted to the Office of the Board of Studies and a visit to the home is made by an authorised officer, who assesses the application, considering:

 

ˇ Whether the teaching / learning programme meets the minimum curriculum requirements;

ˇ Whether the programme is suitable for the child;

ˇ That the time allocated is sufficient and comparable to the time spent in school;

ˇ That the learning environment is suitable;

ˇ Whether the learning resources are adequate to support the child's needs;

ˇ That an adequate system of recording the child's progress is in place.[17]

 

When the period of registration (between 6 months and 2 years) expires, the parents must renew their application for registration, which can be done either through a visit or through submitting documentation.

 

20. Home educators are eligible for some subsidies such as the Educational Textbook Subsidy Scheme and the Back to School Allowance.[18]

21. A similar process for registration is in place in the Australian Capital Territory, which includes Canberra. Parents wishing to homeschool register with the Department of Education and Training. In the first instance a parent applies for provisional registration for six months followed by registration for up to two years to bring the period of registration up to Dec 31st of the next year. Provisional registration is done by completing an application form and attaching a program, assessment strategies and summary of record keeping. Continued registration is done through a registration visit.[19]

Benefit Status

 

23. Lone parents in Australia can receive a 'Parenting Payment' (PP). The basic criteria for receipt of this benefit are that:

 

ˇ You must have a qualifying child aged under six if you are partnered, aged under eight if you are single, or aged under 16 if you have been in receipt of Parenting Payment prior to 1 July 2006.

ˇ PP can be paid to only one member of a couple.

ˇ When youngest qualifying child is aged six or over, must enter into Activity Agreement allowing participation in a broad range of activities.

ˇ Customers who were granted Parenting Payment before 1 July 2006 will (subject to continuing eligibility) remain on this payment until their youngest child turns 16 and will have participation requirements when their youngest child turns seven.[20]

 

24. Being a home educator automatically exempts a welfare recipient from the participation requirements related to receiving this benefit. The guide to the legislation notes that 'there are a number of circumstances where an automatic exemption from participation requirements due to special family circumstances can be applied for PP recipients: [including]...if the PP recipient is providing home schooling to one or more of the children for whom they are the principal carer.'[21]

 

Sweden

Regulation

 

25. In his article on 'Home Education in Northern Europe', Beck notes that, 'Sweden has Scandinavia's strictest official regulation of home education', [22] with the number of home educated children remaining at around 100 since statistics were first collected in the 1990s (95 registered in 2007/2008).[23] A summary of the legal status of home education in Sweden is provided in annex A below.

 

26. For exceptional reasons, parents can be allowed by the local education school board to educate their children at home for one year at a time. The school board has to assess that the education will be equivalent to compulsory school education and is also responsible for monitoring the home education and the results.[24] The Swedish Education Act states:

 

S. 4 A child subject to compulsory schooling may be permitted to complete this otherwise than as provided in this Act, if it appears to be an adequate alternative to the education otherwise offered the child in the provisions of the Act. The requirement of insight into activities must be fulfilled. Permission may be issued for up to one year at a time. During the validity period, the result of the activities shall be assessed. The permit may be revoked with immediate effect if necessary insight into the activities is not provided or if it for other reasons may be assumed that the conditions for approval are no longer present.

 

S. 5 Matters referred to in s. 4 shall be considered by the local education board for the school where the child would otherwise have undertaken its compulsory schooling.[25]

 

27. In principle, there should be no difference between municipalities stance on home education, however, they may differ in practice. Kenny Peterssen, an official in Statistics Sweden noted that there are two main categories of children who are home educated in Sweden: A. Children who have tuition at home only short periods for health reasons or while visiting parents abroad etc, and B. Religious groups promoting home education among their members.[26]

 

28. It is the Municipal Education Committee (MEC), composed of lay politicians, which makes the decision whether an application for home education status is approved or not. There are no set criteria defining the content of applications or for the standards by which municipal committees consider the application.[27]

 

Financial Support

 

29. Parents who have been allowed to educate their child at home have no right to receive financial support, for example, subsidies for lunches when the child does not make use of the free school lunches, or financial support comparable to a "school voucher" when the child does not attend and make use of the teaching and other resources at school.


30. Also there are no exceptions from normal social welfare benefits' regulations for these parents, for example, if you are unemployed and benefit from the unemployment insurance scheme, home education of your child is not a reason for not actively seeking a new job.[28]

 

Ireland

 

Regulation

 

31. Article 42 of the Irish Constitution sets out the relationships between the family, parents, children and the State with respect to education. It says:

1.  "The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children".

 

2.  "Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State".

 

3.1 "The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or in any particular type of school designated by the State".

 

3.2  "The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social".

 

4. "The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation".[29]


32. The Education (Welfare) Act 2000 came into law in the summer of 2000 and repealed the School Attendance Acts 1926 to 1967 with effect from 5 July 2002. A National Educational Welfare Board (NEWB) has been established, to which parents are obliged to report their intentions to home educate. The educational programme and home environment are also assessed by an authorised person from the NEWB. A summary of the role of the NEWB is provided in table 1 of Annex A.

Benefit Status

 

33. Lone parents in Ireland are eligible to receive a One Parent Family Payment, similar to Income Support in the UK. The on-line guidance from the Irish Department of Social and Family Affairs does not state any work availability-related conditions related to eligibility for this benefit.[30]

 

34. Active benefits in Ireland include a 'Jobseeker's Allowance', which is means tested and a 'Jobseeker's Benefit', which is paid weekly to insured people out of work, and a 'Jobseeker's Allowance', a means-tested benefit which is available to those ineligible for (or choose not to take up) Jobseeker's Benefit.[31] To qualify for Jobseeker's Allowance, the person must meet several criteria, including being capable, available and genuinely seeking work.

35. The circumstances listed on the guidance for Jobseeker's Allowance (dated 21st April 2008) in which a person may be deemed to be, or is exempted from the requirement to be, available for work, does not include any reference to home educators.[32] While this may suggest that there are no special exemptions relating to home educators on Jobseeker's Allowance, I have not been able to confirm this directly with Irish officials.

Evidence on the relative performance of home educated children

 

36. Block[33] provides a review of recent studies comparing the educational outcomes of home-educated and schooled children, based on seven studies conducted in the US and one in Canada. These studies surveyed an aggregate total of 46,609 home educated children aged between 6 and 19. All but one of the studies used scholastic tests covering a range of basic subjects in the school curriculum (language, maths, social studies, science). Seven of the eight studies reported that home-schooled children had higher scores than average than their peers in school, only one found that home-schooled children did not have an advantage. I have included Block's table summarising the studies and their reported outcomes in Annex B.

 

37. It is, however, necessary to consider these results with caution. Block notes that the better achievement of home-educated children in these surveys is likely to be attributable to the characteristics of home educating parents, who are better educated, have higher incomes and are strongly committed to their child's development. It is unclear, therefore, whether the children's better performance can be attributed to their advantaged background, to being educated at home, or both. Caution must be taken when generalising from these studies as many of the surveys used small samples from specific populations; Block also suggests that more sophisticated comparison methods such as matching would be better than the general group comparisons used in the research cited.[34]

 

38. Block also reviews papers which compared the social and emotional development of home educated children to those of school pupils. The studies considered found either no differences between the two groups or that home educated children had better-developed social skills or sense of self.[35]

 

39. In her UK-based study of 35 four-year old home-educated children from diverse socio-economic backgrounds, Rothermel reported that 75 per cent of home-educated children scored over 75 per cent on the Performance Indicators of Primary Schools (PIPS) baseline assignment compared with 5.1 per cent of children nationally.[36] It is important to emphasise that these findings were based on a very small sample, so it is not appropriate to make generalisations on the basis of this research alone. Rothermel's research does, however, report a similar general trend to the studies examined by Block.

 

40. It is worth noting also, that recent Government research raises some concerns regarding the monitoring and quality of education received by Gypsy, Roma and Traveller children. Ivatts notes that Gypsy, Roma and Traveller communities are among the most excluded in British society, which results in increasing numbers of children from these communities being removed from mainstream provision. Concerns are raised, however, because:

 

Many parents have very low level literacy skills, have limited and negative experiences of attending school themselves and are among the least qualified to be able to make a sound and informed judgment on the quality of the education that they are managing to provide or organise for their children. There is little doubt that few Gypsy/Roma and Traveller parents are providing their children with a suitable education. As either consumers or providers parents are thus seriously disadvantaged.[37]

 

It is necessary, therefore, to be aware that it may be difficult to generalise about the performance of home-educated children given the diversity of the population of home educating families both within the UK (see the section above on 'motives for home education') and internationally.[38]

 

Conclusions

 

a) Is home education regulated or formalised in any way?

The evidence reviewed suggests that in comparison to other similar countries, England has minimal regulatory requirements relating to home educators. This in turn limits local authorities' ability to identify and monitor the education received by children being home educated.

 

b) Are home educators exempt (or not) from JSA-style conditionality?

 

While other countries have stricter registration and monitoring requirements relating to home educators, the examples considered above suggest that there is not necessarily a relationship between increased regulation and any exemptions from activities related to welfare benefit receipt. Of the four case studies considered, only Australia seems to specifically exempt home educators in welfare legislation.

 

 

c) Is there evidence on the success or failure of home education?

 

While existing surveys indicate that home educated children may outperform their counterparts in school, many of the studies rely on small samples or are drawn from specific populations (US-based surveys often draw samples from a largely Christian population, e.g. Ray 1997). UK evidence suggests that parents home educate their children for a number of reasons, so it may be difficult to generalise about the impact of home education on academic and social outcomes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex A

 

Table 1: The Legality of Home Education in Different Countries

 

The information included in this table is derived from published research and relevant websites, including those of home education organisations. While efforts have been made to include up-to-date information, it is important to note that given that some of the material cited was published several years ago, legal changes in different countries may have occurred since the date of publication. It is for this reason that I include publication dates and dates of access in the references. The level of detail of the information sourced on different countries varies according to the sources available.

 

Country

Legal Status of Home Education

Australia

Home education is legal in all Australian states and territories. However, the law varies between different Australian states and territories regarding registration and the State's authority to oversee home education arrangements.[1] An index of legal considerations in each state can be found here.

 

As an example, home education is regulated by the Office of the Board of Studies in New South Wales. The guidance on home education in New South Wales notes that under the Education Act 1990, parents are required to ensure that a child between 6 and 15 years of age is either enrolled in a government school, a registered non-government school, or is registered for Home Education.

 

In order to register, an 'Authorised Person' contacts the applicant to discuss the plans for the child's education, including the learning programme and environment. If approved, the period of registration lasts from six months to a maximum of two years.[2]

Austria

Have not permitted home education sometime in the past but now do so.[3]

Belgium

Accommodates home educators and have always done so.4

Denmark

Accommodates home educators and have always done so. 4

 

There is in Denmark a legal requirement for formal education, but no specific requirement to attend school. There is no financial support for home education. Home Education is governed by laws on independent and private primary and secondary education.[4]

England

Accommodates home educators and have always done so. 4

 

Guidance published by DSCF for local authorities provides the following summary of the law relating to home education in England:

 

The responsibility for a child's education rests with their parents. In England, education is compulsory, but school is not. Parents have a right to educate their children at home. Section 7 of the Education Act 1996 provides that:

 

"The parent of every child of compulsory school age shall cause him to receive efficient

full-time education suitable -

(a) to his age, ability and aptitude, and

(b) to any special educational needs he may have,

either by regular attendance at school or otherwise."

 

An "efficient" and "suitable" education is not defined in the Education Act 1996 but "efficient" has been broadly described in case law as an education that "achieves that which it sets out to achieve", and a "suitable" education is one that "primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so."

 

Local authorities do not have a statutory duty to identify home-educated children or monitor the quality of home education on a routine basis. However, authorities shall intervene if it appears that parents are not providing a suitable education.[5]

 

Finland

Education, but not school attendance is a legal requirement in Finland. The law states that the local authority is required to oversee pupils' progress. No financial support is provided for home education and home-educated pupils are required to sit tests.5

France

Accommodates home educators and have always done so. 4

 

Home education has been limited in France since 1998. Prior to this, home educators had been able to educate their children at home and were monitored when the children were 8, 10 and 12 years old. The Loi No. 98-1865 enforced compulsory registration at the local town hall and home visits by an employee of the Academie de l'Education, sociologists, and psychologists. Non-compliance can result in a fine or 6 month prison sentence. The areas which children must study are also closely specified.[6]

Germany

Now no longer permit home education in the word of law but would appear to permit individual instances. 4

 

School attendance is compulsory in all German states. Children from the age of six or seven are required to attend a public school or state-approved private school for at least nine years. Home education is not accepted as a reason for exemption from regular school attendance. Home education is regarded as an administrative offence and can be punished by a fine of up to several thousand Euro. The German laws on compulsory schooling belong to the most restrictive in Europe.[7]

Greece

Now no longer permit home education in the word of law but would appear to permit individual instances. 4

Iceland

According to the Icelandic Education Act (grundskoleloven, 1995) school attendance in compulsory. Home education is not mentioned in the law. Nevertheless, in 2001 an Icelandic family started educating their children at home and were in discussion with the Ministry for Education.5

Ireland

Accommodates home educators and have always done so. 4

 

The Education (Welfare) Act 2000 came into law in the summer of 2000 and repealed the School Attendance Acts 1926 to 1967 with effect from 5 July 2002. It provides a major reformulation of the law in regard to all matters connected with school attendance and children's welfare in education.

School Attendance Officers have become Education Welfare Officers and the Gardai are no longer involved with school attendance matters. A National Educational Welfare Board (NEWB) has now been established on a statutory basis. The Registration and Assessment system for children educated in places other than recognised schools is now in place. Under the Act parents or guardians of home educated children are obliged to provide details of the educational provision to their child(ren) to the NEWB. Under the Constitution children have the right to receive a "certain minimum education". If the application is approved then their child(ren) will be included in the register. Registration is not an automatic process and may possibly be refused. An appeal process has been included in the Act for such an event.[8]

Italy

Accommodates home educators and have always done so. 4

Luxembourg

Accommodates home educators and have always done so. 4

Netherlands

Now no longer permit home education in the word of law but would appear to permit individual instances. 4

Norway

Accommodates home educators and have always done so. 4

 

Parents can give their children home education if they first notify the local authority by letter. The local authority is obliged to oversee this education and can summon home-educated pupils to sit tests.5

Portugal

Accommodates home educators and have always done so. 4

Spain

Now no longer permit home education in the word of law but would appear to permit individual instances. 4

Sweden

School attendance is normally compulsory in Sweden. There is provision for home education, but permission must be applied for and will be granted for only one year at a time. The local authority oversees home education and usually performs tow inspections per year.5

 

The Swedish Education Act (skollagen 1995) notes: out-of-school education must be an approved and equitable alternative; monitoring by authorities must be arranged; approved applications are valid for only one year; and, official permission can be withdrawn on short notice.

 

Home education is considered as an exemption from schooling and the decision to exempt is made by municipal education committees.[9]

Switzerland

Except for two cantons, Switzerland accommodates home educators and have always done so. The other two cantons do not permit home education in law, but appear to permit individual instances.4

USA

Home education is legal in all American states, except for California, where its legal status is in dispute. Although home educators are subject to different levels of regulation in each state. A summary of the degree of regulation required in each state and an index of state legal requirements is provided here.

 

On 28th February 2008, the California Court of Appeals issued a ruling that effectively made home education (except for tutoring by certified teachers) illegal in California and questioned whether parents had a constitutional right to educate their children at home. The ruling states:

 

It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child.[10]

 

The Homeschool Legal Defense Association is seeking a review of the judgment in the Californian Supreme Court.[11]

 

 

 

 

 

Table 2: The relation between the right to home education and the control of home education in different countries.

X England, Ireland

 

                                              X  Denmark

 

 

                                                   X Norway

                           X Finland

 

                                   X Italy                      France X

 

                                                         Sweden  X

 

                   X Greece, Spain

 

     X Netherlands

 X Germany

 Liberal

 

 

 

 

 

 The right to Home education (vertical axis)

 

 

 

 

 

 

Restrictive

 

Weak                                           strong               

Control of Home education (horizontal axis)

Note: This table is a slightly adapted version of the table included in Beck (2002).[12] I thought it would be useful to include as it shows the relationship in different countries between the legality of home education and its degree of regulation in different European countries. It is, however, important to note the date of the source. The legal status of home education may have changed in some countries since the publication of this paper. Ireland, for example, had imposed greater controls on registration of home educated children since the creation of the National Educational Welfare Board (NEWB) in 2002. The information enclosed, however, is interesting in that it indicates that England has a very liberal position and minimal regulation of home education compared to the selection of other European countries noted below.

 

Annex B: Overview of Studies Comparing Home-Educated and Schooled Children's Academic Performance[39]

Annex C: Bibliography

 

References

 

N.B. References for Table 1 in Annex A are provided separately in the endnotes at the end of this document.

 

Andrén, Birgitta (Director of Education, Analysis and Coordination Unit, Swedish National Agency for Education) (25/6/08) email to Kris Chapman.

 

Beck, Christian W. (2002) Home Education in Northern Europe, paper to the CESE-Conference, University of London 13-19 July 2002, available on-line at: http://folk.uio.no/cbeck/Home%20education%20in%20Northern%20Europe.htm, accessed on 8/6/08.

 

Blok, Henk (2004) 'Perfomance in Home Schooling: An argument against compulsory schooling in the Netherlands' in International Review of Education: 50 (1): 39-52.

 

Department for Children, Schools and Families (2007) Elective Home Education: guidelines for local authorities, available on-line at: http://www.dcsf.gov.uk/localauthorities/_documents/content/7373-DCSF-Elective%20Home%20Education.pdf, accessed on 6/6/08.

 

Department for Work and Pensions (December 2007) Ready for Work: full employment in our generation, DWP command paper.

 

HOPWOOD, Vicky, O'NEILL, Louise, CASTRO, Gabriella and Beth HODGSON (2007) The Prevalence of Home Education in England: a feasibility study, Department for Education and Skills, Research Report 827.

 

Ivatts, A. (2006) Elective Home Education: the situation regarding current policy, provision and practice in Elective Home Education for Gypsy, Roma and Traveller Children, DfES Research Report RW77, available online at: http://www.dfes.gov.uk/research/data/uploadfiles/RW77.pdf, accessed on 26/6/08.

 

Office of the Board of Studies, New South Wales (September 2006) Home Education in NSW: information pack, Board of Studies NSW, available on-line at: http://www.boardofstudies.nsw.edu.au/manuals/pdf_doc/home_edu_info_package_06.pdf, accessed on 6//6/08.

 

Peterssen, Kenny (Statistics Sweden) (11/6/08) email to Kris Chapman.

 

Ray, Brian D. (1997) Strengths of their Own: home schoolers across America, National Home Education Research Institute Publications: Oregon.

 

Rothermel, Paula (2003) 'Can We Classify Motives for Home Education?' in Evaluation and Research in Education, Vol. 17: Nos. 2&3: 74-89. .

 

Rothermel, P.J. (2004) Home-Education: Comparison of Home and School Educated Children on PIPS Baseline Assessments, available on-line at: http://www.dur.ac.uk/p.j.rothermel/Research/ESRC/PipsBaseline.htm, accessed on 8/6/08.

 

TAYLOR, Lesley Ann and Amanda J. PETRIE (2000) 'Home Education Regulations in Europe and Recent U.K. Research' in Peabody Journal of Education, 75 (1&2): 49-70.

 

Villalba, Cynthia M. (2003) 'Creating Policy from Discursive Exchanges on Compulsory Education and Schooling in Sweden' in Evaluation and Research in Education, Vol. 17: Nos. 2&3: 191-205. .

 

Websites

 

England

 

Department for Children, Schools and Families (2008) Every Child Matters: change for children website, 'About ContactPoint', available on-line at: http://www.everychildmatters.gov.uk/deliveringservices/contactpoint/about/, accessed on 23/6/08.

 

Australia

 

Australian Government (January 2008) 'Participation Requirements Exemption in Special Family Circumstances - Automatic (PP)', available on-line at: http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.5/ssguide-3.5.1/ssguide-3.5.1.270.html, accessed on 23/6/08.

 

Centrelink (2008) 'Parenting Payment Rates: 20th March to 30th June 2008', available on-line at:

http://www.centrelink.gov.au/internet/internet.nsf/filestores/co032_0803/$file/co032_0803en.rtf, accessed on 23/6/08.

 

Home Education Association Inc. (2008) 'Legal Requirements and Registration in the ACT', available on-line at:

http://www.hea.asn.au/resources/disp_res.asp?type=4&id=141,accessed on 23/6/08.

 

New South Wales, Department of Education and Training (14/1/02) '8000,000 parents get $50 Back to School Allowance', available on-line at: https://www.det.nsw.edu.au/newsroom/yr2002/jan/allowance.htm, accessed 23/6/08.

 

Sweden

 

Swedish Government (1985) Swedish Education Act, available on-line at: http://www.sweden.gov.se/content/1/c6/02/15/38/1532b277.pdf, accessed on 26/6/08.

 

 

Ireland

 

Department of Social and Family Affairs (Ireland) (June 2008) 'Freedom of Information: One Parent Family Payment', available on-line at: http://www.welfare.ie/foi/onepfp.html#qualcons, accessed on 25/6/08

 

 

Department of Social and Family Affairs (Ireland) (April 2008) 'Freedom of Information: Jobseeker's Allowance (JA)', available on-line at: http://www.welfare.ie/foi/ja_jobseekall.html#condsumm, accessed on 25/6/08.

 

Home Education Network Ireland (April 2007) 'The Legal Issues', available on-line at: http://www.henireland.org/he_ireland.html, accessed on 25/6/08

 

Wider Bibliography (not referenced)

 

Barratt-Peacock, John (2003) 'Australian Home Education: A Model' in Evaluation and Research in Education, Vol. 17: Nos. 2&3: 101-111.

 

Ray, Brian D. (2000) 'Home Schooling for Individuals' Gain and Society's Common Good' in Peabody Journal of Education, 75 (1&2): 272-293.

 

Rothermel, P. and A. Fiddy (2001) 'The law on home-education' in ChildRIGHT, November 2001. Essex: Children's Legal Centre, accessed online at: http://dur.ac.uk/p.j.rothermel/Research/Researchpaper/Lawhomeed.htm, accessed on 8/6/08.

 

 



[1] Ray 1997: 79, x, 18.

[2] DCSF 2007: 3.

[3] Petrie 1993, cited in Taylor and Petrie 2000: 49.

[4] I refer throughout the document to England rather than the UK, as the legislation refers to England and Wales and the evidence is based on English Local Authority Districts.

[5] Rothermel 2003: 74.

[6] Hopwood et al. 2007: 2.

[7] Hopwood et al. 2007: iv, 11.

[8] Hopwood et al. 2007: 21-22.

[9] DCSF 2008 http://www.everychildmatters.gov.uk/deliveringservices/contactpoint/about/.

[10] DCSF 2007: 7.

[11] Hopwood et al. 2007.

[12] Rothermel 2003: 87.

[13] Ray 1997: 31.

[14] Figure 1 is taken from Rothermel 2003: 81.

[15] Rothermel 2003: 81.

[16] DWP 2007: 117.

[17] Office of the Board of Studies 2006: 10.

[18] Office of the Board of Studies 2006: 14. The 'Back to School Allowance' is $50 provided by the New South Wales government to 'each school child' to help buy educational basics such as shoes (see https://www.det.nsw.edu.au/newsroom/yr2002/jan/allowance.htm, accessed 23/6/08).

[19] http://www.hea.asn.au/resources/disp_res.asp?type=4&id=141, accessed on 23/6/08.

[20] http://www.centrelink.gov.au/internet/internet.nsf/filestores/co032_0803/$file/co032_0803en.rtf, accessed on 23/6/08.

[21] http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.5/ssguide-3.5.1/ssguide-3.5.1.270.html, accessed on 23/6/08.

[22] Beck 2002.

[23] Information provided by Birgitta Andrén, Director of Education, Analysis and Coordination Unit, Swedish National Agency for Education (email to Kris Chapman, sent on 25/6/08).

[24] Information provided by Birgitta Andrén, Director of Education, Analysis and Coordination Unit, Swedish National Agency for Education (email to Kris Chapman, sent on 25/6/08).

[25] Swedish Education Act, available on-line at: http://www.sweden.gov.se/content/1/c6/02/15/38/1532b277.pdf, page 31.

[26] Information from Kenny Peterssen (email sent to Kris Chapman on 11/6/08).

[27] Vilallba 2003: 194.

[28] Information provided by Birgitta Andrén, Director of Education, Analysis and Coordination Unit, Swedish National Agency for Education (email to Kris Chapman, sent on 25/6/08).

[29] Home Education Network Ireland (April 2007) 'The Legal Issues', available on-line at: http://www.henireland.org/he_ireland.html, accessed on 25/6/08.

[30] http://www.welfare.ie/foi/onepfp.html#qualcons, accessed on 25/6/08.

[31] A similar distinction between contribution-based JSA (JSA (C)) and income-based JSA (JSA (IB)) in the UK.

[32] Night workers, people on rehabilitation training and those on approved training courses are deemed to meet the availability criteria under specific circumstances. See 'Special provisions regarding availability' on 'Freedom of Information: Jobseeker's Allowance', available on-line at: http://www.welfare.ie/foi/ja_jobseekall.html#condsumm, accessed on 25/6/08.

[33] Block 2004.

[34] Block 2004: 48-49.

[35] Block 2004: 47-48.

[36] Rothermel 2004; see also Hopwood et al. 2007: 27.

[37] Ivatts 2006: 21.

[38] For example, it is worth noting that the population of home educators in the USA has a very high proportion of religiously motivated home educators (cf. Ray 1997: 31).

[39] This table is taken directly from Block 2004: 44-45.



[1] Home Education Network Inc. (16/6/08) 'Frequently Asked Questions' in the Home Education Network Inc. webpage, available on-line at: http://www.hea.asn.au/faqs.asp#16, accessed on 16/6/08.

[2] Office of the Board of Studies (New South Wales) (September 2006) Home Education in NSW: information package, available on-line at: http://www.boardofstudies.nsw.edu.au/manuals/pdf_doc/home_edu_info_package_06.pdf, accessed on 16/6/08: 8, 10.

[3] Petrie (1995) cited in Taylor L. A. and A.J. Petrie (2000) 'Home Education Regulations in Europe and Recent U.K. Research' in Peabody Journal of Education, 7 (1&2): 50.

[4] Beck, C.W. (2002) Home Education in Northern Europe, paper to the CESE conference, London 13-19 July 2002, available on line at: http://folk.uio.no/cbeck/Home%20education%20in%20Northern%20Europe.htm, accessed 8/6/08.

[5] Department for Children, Schools and Families (2007) Elective Home Education: Guidelines for Local Authorities, available on-line at: http://www.dcsf.gov.uk/localauthorities/_documents/content/7373-DCSF-Elective%20Home%20Education.pdf, pp. 4-5.

[6] Taylor, L.A. and A.J. Petrie (2000) 'Home Education Regulations in Europe and Recent U.K. Research' in Peabody Journal of Education, 75 (1&2): 52.

[7] Speigler, T. (2003) 'Home Education in Germany: an overview of the contemporary situation' in Evaluation and Research in Education, vol. 17 (2&3): 180-181.

[8] Home Education Network Ireland (5/4/2007) 'The Legal Issues', available on-line at: http://www.henireland.org/he_ireland.html, accessed on 16/6/08. See also the Homeschool Ireland.com website at: http://www.homeschool-ireland.com/ireland.php, accessed on 16/6/08.

[9] Villalba, C.M. (2003) 'Creating Policy from Discursive Exchanges on Compulsory Education and Schooling in Sweden' in Evaluation and Research in Education, vol. 17 (2&3): 192.

[10] Jonathan L. and Mary Grace L. v. Superior Court of the State of California for the County of Los Angeles (28/2/08), available on-line at: http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF, accessed 16/6/08.

[11] Homeschool Legal Defense Association (11/3/08)'Defending Homeschool Freedom in California', available on-line at: http://www.hslda.org/hs/state/ca/200803030.asp, accessed on 16/6/08.

[12] Beck, C.W. (2002) Home Education in Northern Europe, paper to the CESE conference, London 13-19 July 2002, available on line at: http://folk.uio.no/cbeck/Home%20education%20in%20Northern%20Europe.htm, accessed 8/6/08.

 

 

September 2009