Response to “Why Homeschooling Shouldn’t Be Banned: The Resurgence of Home Education in the 21st Century”

Tavares analyzes the homeschooling movement through the lens of the COVID-19 pandemic. As controversial as homeschooling can sound to some, it is indeed a regular part of American life. Tavares points to famous athletes and entertainers as examples of homeschoolers but may have missed why they were homeschooled. As an entertainer, Justin Bieber didn’t have time for public school. Due to their training schedules as professional tennis players, the Williams sisters likely did not either. However, as minors, they’re still required to participate in some type of formal educational curriculum. Hence, the homeschooling curriculum fills the gap. Then there is the case of all-around Superman, Florida Gator, and Heisman trophy-winning quarterback Tim Tebow. Tebow was homeschooled through high school for religious reasons. However, a Florida law granted him access to public high school athletic programs. Athletes like Tebow wouldn’t have the same opportunities as other high school students without this access.

Tavares is mainly concerned with criticisms against homeschooling, such as fear of religious homeschooling and instances of child abuse and neglect discussed by Professor Bartholet.¹ While Tavares acknowledges there is no explicit protection for homeschooling in the U.S. Constitution, he points to the history of case law that has protected parent’s rights in the United States to direct their children’s education. There is a delicate balance between the state’s interest in the health and safety of the people, which includes an educated population, and the free exercise of religion and speech. Tavares argues fairly convincingly that the First Amendment's free speech clause gives broader protections to families choosing to homeschool over public or private school.

Tavares appears concerned about a presumptive ban on homeschooling. He points to Germany and France as having outright bans or stringent policies to comply with uniform educational standards. While arguments have been made at various times by those for and against homeschooling, there doesn’t appear to be a real danger of homeschooling being banned in the United States. During the COVID era, Tavares was influenced by public schools' heightened attention to remote learning. During this time, many parents opted for homeschooling options instead. This was largely due to poorly executed Zoom schools by the public school systems, especially for elementary students. The COVID period for education showed that families with resources can effectively homeschool. Under-resourced households need public education systems to function fully, or the children fall further behind sitting at home. Besides being incredible athletes, the Williams sisters and Tim Tebow had families with the resources to homeschool effectively. Not all families are equipped to homeschool their children competently. Tavares could have bolstered his point by greater acknowledgment of the impact of resource disparity on practical education, whether by the public systems, private schools, or homeschooled families.

¹See Elizabeth Bartholet, Homeschooling: Parent Rights Absolutism vs. Child Rights to Education and Protection, 62 Ariz. L. Rev. 1, 3–4 (2020).