We hear the word “homeschooling” a lot, but how it is used can be confusing. People sometimes use the word “homeschooling” to mean “anyone doing any kind of learning in their home.” But under Wisconsin law, not everyone learning at home is legally “homeschooling.”

In Wisconsin, we have a long-standing law that defines “homeschooling” and protects the rights of all Wisconsin families. Legal homeschools in Wisconsin law are called Home-Based Private Educational Programs (HBPEP’s). (Wis stat 115.001(3g)) Under Wisconsin law, a homeschooling parent or legal guardian takes full and direct responsibility for educating their child.

Wisconsin homeschooling programs must be:

• Home-based, meaning the program is not based in any institution.
• Private, meaning the program is privately controlled by the parent or guardian.
• Educational Program, meaning the primary purpose is to provide a program of education.

When a parent or guardian chooses to homeschool, they must file a form with the state Department of Public Instruction each year. This simple report notifies the state that they are exercising their right to homeschool, reports the enrollment in their homeschool, and affirms that they will meet the requirements of our law.

Under our state law, each homeschool administrator must provide a set number of hours each year of sequentially progressive instruction, which must include the areas of reading, language arts, mathematics, social studies, science and health. Other topics of study may be included. These hours of instruction must be provided to only one’s own family unit, either by the parent or guardian or by a person they designate.

That’s it. There are no other forms to file and no set curriculum, nor required tests or reports. Wisconsin law fully recognizes and secures the right of every parent or guardian to direct their own child’s education, according to their own principles and beliefs. This right is secured by our state law, by case law rulings of the Supreme Court of the United States, and by the Constitution of the United States.

What is NOT homeschooling in Wisconsin?

Under our clear and reasonable homeschooling law, many “alternative” educational programs that sometimes happen in a home are not homeschooling. Wisconsin-based virtual or online schools, whether public or private, are not home-based private educational programs (homeschools). Schools which utilize a part-time-on-campus and a part-time-at-home model are not homeschools. Summer camps, co-ops, community programs, and privately organized classes are not homeschools, even if all or most of the attendees are homeschoolers.

Under Wisconsin law, there are two questions that can help you understand what is and is not a Home-Based Private Educational Program, or homeschool: First, “Who controls the program of instruction?” and second, “Who receives the program of instruction?”

Who controls the program? If a parent or guardian retains direct, complete, and independent control of the program, then the program is a homeschool, provided it also meets the other statutory requirements for HBPEPs. If the program of education is controlled by anyone other than the parent or guardian – by an institutional school, by a government agency, by a business, by any religious or secular group or person, or by anyone else, then the program is not a homeschool under Wisconsin law.

Who receives the program? If children from more than one family are receiving the program of instruction, then it is not a homeschool under Wisconsin law.

WHPA has been here since the beginning, when in 1984, our founding members helped Wisconsin’s legislators thoughtfully craft our homeschooling law to affirm our rights and ensure our freedoms. Help us to continue to protect our right to homeschool by becoming a member.