School Choice Programs Need a Firewall for Homeschoolers - BRIEFING PAPER - September 5, 2023 - Number 164

Oct 15, 2026

Uploaded by Rhys

Briefing paper examining how Florida’s school choice expansion under House Bill 1 aimed to include more homeschoolers in education savings accounts (ESAs), and the backlash from homeschool families and advocacy groups concerned about future regulation tied to government funding. It describes the resulting compromise creating the Personalized Education Program (PEP) as a separate pathway, then places the dispute within the longer history of homeschooling and school choice voucher regulation. It argues policymakers should maximize freedom while minimizing roadblocks.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

School Choice Programs Need a Firewall for Homeschoolers

Conflict Over Florida’s House Bill 1 and the ESA/PEP Compromise

History of Homeschooling and School Choice Funding

A Win-Win Approach Through Separate Legal Pathways

| | | --- | | | | BRIEFING | | P A P E R | | September 5 , 2 02 3 Number 1 6 4 | School Choice Programs Need a Firewall for Homeschoolers By Colleen Hron C iCH W hen Florida’s school choice expansion, House Bill 1, was introduced in January 2023, one of its goals was to allow more homeschoolers to partici- pate in the education savings account (ESA) program.1 But many homeschoolers and homeschool advocacy groups balked at the proposal.2 Having worked hard to achieve independence, they were loath to be linked to government funding. Even if the program were optional, they feared that associated regulations would eventually extend to traditional homeschoolers—perhaps due to confusion about the difference between the two groups, perhaps to simplify things for regulators: “We want home education programs to be treated separately and not be confused with families that choose to take the education savings account,”said T. J. Schmidt, senior counsel for the Home School Legal Defense Association (HSLDA) .3 In the end, the bill passed with new language that satisfied traditional homeschoolers by creating a new option for parents to educate their children at home: the Personalized Education Program (PEP) . Families who educate their children at home without taxpayer funds will continue to register as home education students with their local district superintendent. Families who want to customize their children’s education with the ESA will register in a PEP with a scholarship organization. While it’s good that the homeschool groups were able to work with lawmakers to find a solution, the conflict over House Bill 1 could have been avoided. Several states have already used this type of language for their ESA programs. As states continue to enact and expand education savings accounts, it’s crucial that policymakers craft bills in a way that maximizes freedom and minimizes roadblocks. HISTORY OF HOMESCHOOLING There has been tension for years between the homeschooling community and school choice advocates. In the 1960s and 1970s, parents waged intense legal and legislative fights to secure the right to homeschool their children. Homeschooling was still illegal in Iowa, Michigan, and COLLEEN HRONCICH is a policy analyst at the Cato Institute’s Center for Educational Freedom. North Dakota as recently as 1989. Not surprisingly, many early homeschoolers, who had been fighting so hard for freedom from government to educate their children, wanted little to do with government funding and had a legitimate fear of the strings that would come attached to such funds. It’s easy to understand homeschoolers’ fears when you consider the stipulations that can accompany school choice programs. For example, the Milwaukee Parental Choice Program, a private school voucher for Milwaukee residents who meet income guidelines, was launched in 1990. Originally it could be used only at secular schools, but religious schools were made eligible in 1995. Schools must agree to several restrictions in order to participate, such as accepting any voucher student who meets income eligibility and residency requirements, administering state tests to voucher recipients in certain grades, allowing students to opt out of religious instruction, and not charging additional tuition beyond the voucher amount for grades K–8. While the rules vary significantly, there are now 25 voucher programs in 14 states, the District of Columbia, and Puerto Rico offering private school access to tens of thousands of students. As homeschooling has expanded and those legal fights have decreased, there have been calls for homeschool families to have similar access to state education funding. In 2011, Arizona lawmakers pioneered education savings accounts that can be used for a wide variety of educational expenses beyond tuition. With ESAs, parents can use state education funds for things like tutoring, curricula, and services for children with special needs, as well as full-or

FAQs

Why did Florida’s House Bill 1 expansion face resistance from homeschoolers?

Homeschoolers worried that linking to education savings account funding would eventually bring regulations and blur the distinction between traditional homeschoolers and ESA recipients.

What compromise did the bill create to address the concerns?

It introduced the Personalized Education Program (PEP) so parents could educate children at home either without taxpayer funds (registering as home education students) or with ESA scholarships (registering in a PEP).

How does the paper compare homeschooling’s legal status with ESA recipients?

In the cited states, homeschooling can satisfy compulsory education laws, while ESA recipients are treated separately and are not legally classified as homeschoolers.

Oct 15, 2026

Uploaded by Rhys