Mike and Miriam Jackson 1 homeschooled their four biological children for several years. Despite their growing family, they felt moved in their hearts to adopt a child . . . and not just any child. When they heard that older children are less likely to be adopted than newborn babies, they planned to adopt a child aged 5 to 12. But when they contacted an adoption agency, the caseworker told them they would not be able to homeschool the child who would be joining their familyat least not until the adoption was final. The caseworker explained that the child would technically be in foster care during a six-month interim period and would need to attend public school.
John and Jenny Smith are the parents of two biological children whom they homeschool. Along the way, they felt called to be foster parents, but due to their states concerns about foster care and homeschooling, they made the decision to foster only children below school age. They have fostered many children over the years, and Jenny, the primary teacher in the family, has had to find creative ways to manage, such as scheduling core subjects during their young foster childs nap times.
Both of these loving and generous families have run into a common issue in many states: a hesitancy to allow the homeschooling of foster children. But does this limitation make sense, and is it legal? And are there ways that your family can maximize its chance to homeschool children in foster care?
The Foster Care Conundrum
Foster families provide a wonderful gift to hurting children: the chance to live in a safe and nurturing environment while going through perhaps the most traumatic experience of their young lives. Some foster children are recovering from terrible physical, emotional, or sexual abuse. Other children come from troubled families, where they may be struggling to escape the evils of drugs or crime. And still others may have lost their families through sudden tragedy. These children can find themselves in foster care for a matter of months or for several yearsperhaps even until they reach the age of 18. Some of these children will be adopted, but many will return to their biological families.
From the viewpoint of some states, the temporary nature of foster care creates a conflict with homeschooling. Some caseworkers fear that foster children will lack stability if they move from a public school environment to home education, only to be pulled back into public school when their foster placement ends. Others believe foster children will receive greater supervision if they attend school outside the home. Many homeschool advocates disagree. They point to the excellence of home education, as well as the benefit of having a loving foster parent provide consistency throughout the childs school day. This is especially true in the many foster care situations that will span years.
State-by-State Differences
As with many homeschooling issues, foster care rules vary from state to state and sometimes county to county. Consider these examples. In North Carolina, the Division of Social Services has a published policy in its Family Services Manual that specifically disfavors homeschooling. 2 A foster child may be educated at home only if an educational assessment of the child establishes the need for homeschooling and if the foster parents are qualified to meet that need. The state is quite clear: Home schooling is NOT a family foster home preference.
The situation may be even bleaker for homeschoolers in some counties in Ohio. Although state law allows foster children in Ohio to be homeschooled, 3 local policy may attempt to restrict that option. For instance, in Lake Countylocated north of Akron on the banks of Lake Eriecounty policy flatly prohibits homeschooling; foster children are required to attend the public school system in which the foster family lives. 4
Some states have set up a more homeschool-friendly environment for foster families. For example, Missouris Child Welfare Manual recognizes that some foster children will be educated at home. A Family Support Team, including both the biological and foster parents, determines the childs educational plan, which may include education at home. 5 Likewise, South Carolina permits the homeschooling of foster children. Its Code of Laws, Section 59- 65-46, states: A foster parent may teach a foster child at home . . . if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child.
Thus, depending on where your family lives, you may or may not get the chance to homeschool your foster children. To date, no one has mounted a clear court challenge to government policies that disfavor the homeschooling of foster children. But such a lawsuit would likely fail because state officials could rely on the two rationales noted earlier and because as a foster parent you do not have the same fundamental parental rights as a biological parent.
Making Your Best Case to Homeschool
If your family is ready to open your hearts and home to a foster or adoptive child, you can take some concrete steps to maximize your chance to homeschool that child. Few jurisdictions will have a blanket policy that forbids foster homeschooling under every circumstance. For that reason, you may have an opportunity to persuade.
First and foremost, if you wish to homeschool a foster child, you should seriously consider your familys unique situation, weigh the pros and cons, and work out a feasible plan prior to speaking with a caseworker. The thorough process to become a foster parent will require a detailed examination of your familys situation. A realistic and workable plan will be crucial to show how homeschooling will be in your foster childs best interest. Needless to say, your family should also have a track record of scrupulously following your states homeschool laws. It will be hard to justify homeschooling a foster child if your family does not comply with the law in this area.
Second, you should become familiar with your states laws regarding foster care and adoption. All state statutes are accessible free online, at www.findlaw.com/casecode. You should also become very familiar with your state and countys Division of Social Services websites. Local policies may supplement a states overall program. For instance, you may be able to take your request to the judge to determine whether homeschooling is in the foster childs best interest.
Third, you should consider asking your caseworker to locate a foster child who will likely require a longer-term placement in your family. The longer the placement, the stronger your argument that homeschooling will not create instability in your foster childs educational experience.
Finally, network with foster families and homeschool groups in your geographical area. There is no substitute for the experience of others who have gone through the process and can give you insight into local realities and quirks in the system. Perhaps more important, you will need their moral support as your family embarks on one of the most rewarding and important labors of love you may ever experience.
Endnotes:
1. The names of the families used as examples in this months column have been changed to protect their privacy. 2. North Carolinas Family Services Manual specifically addresses this issue in depth as part of its minimum standards for family foster homes, at info.dhhs.state.nc.us/olm/manuals/dss/csm-40/chg/CS1213.pdf. 3. See Ohio Administrative Code 5101:2-47-01, para. C(4)(b), which requires state foster care agencies to assure that foster children are enrolled in school full-timea definition that includes education at home in accordance with the home school law of the state where the home is located. 4. The local policy is set forth on the countys official website dealing with foster care. Specifically, in a frequently asked questions page, the county gave the answer quoted above to the question: Can I homeschool [my foster child]? See www.lakecountyohio.gov/jfs/childrenservices/fostercare_adoption/fostercare_to p_10_faq.htm. 5. See Missouris Child Welfare Manual (CWM), 13 CSR 35-60.050, sections 3(A) and (B), which anticipate homeschooling as an option, at dss.mo.gov/cd/info/cwmanual/section6/ch3/sec6ch3attachb.htm . A separate section of the manual outlines how foster parents should report their intent to homeschool. See CWM, section 8.4, at http://www.dss.mo.gov/cd/info/cwmanual/section2/ch8/sec2ch8sub4.htm.
Antony B. Kolenc (J.D., University of Florida College of Law) is an attorney, author, and speaker. He and his wife have homeschooled their five children for over a decade. He is author of The Chronicles of Xan historical fiction trilogy, as well as several legal articles. Learn more about him at www.antonykolenc.com. If you have law-related homeschooling questions, please email TL@TheHomeschoolMagazine.com so that Tony may generally take up your question in a future column.
Copyright 2012, used with permission. All rights reserved by author. Originally appeared in the July 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.