Organizations positioning themselves as homeschool representatives and persons of authority and trust recently began feverishly posting the battle cry “get your enrollment documents in order” to the homeschooling community. This call was in response to the “missing children” articles and calls from the Alabama Education Association for “re-regulation.”
But there is no such requirement for students enrolled in a non-public school education program such as homeschooling to register with anyone at any time. As SB38 states:
Nonpublic schools, including private, church, parochial, and religious schools, offering educational instruction in grades K–12, as well as home-schooled students, are not subject to licensure or regulation by the state or any political subdivision of the state, including the State Department of Education. This section shall not be interpreted or construed as preventing a nonpublic school from voluntarily participating in state audits or other state administrative oversight in order to comply with requirements of federal grant provisions, except any such voluntary participation may be withdrawn by the non-public school at-will and immediately.
Pretty simple, right? Not so fast. The homeschool community is told there are “perceived” inconsistencies in SB 38 according to these persons of authority, which is why you must register or get a cover school for protection from the state.
In response, I sent a written request to State Superintendent Eric Mackey and each Alabama Board of Education member this week seeking immediate public clarification to stop the spread of misinformation and the pressure being placed on families. Not one responded.
To make it easy for Alabama State Department of Education (ALSDE) to address the confusion, I drafted model language they could release immediately:
ALSDE Clarification on Homeschool Requirements (For Immediate Release)
Alabama families may satisfy compulsory school attendance by enrolling in either (1) a public school option (traditional, charter, or virtual) or (2) a non-public education program (private, church, parochial, tutor, or independent home education program).
The State of Alabama does not require independent homeschool families to file a statewide notice of intent, register with the state, or report curriculum, attendance, testing, or medical information. Families choosing lawful non-public pathways are not ‘missing’; they are participating in options recognized in Alabama law.
ALSDE encourages families and organizations to rely on official ALSDE guidance for accurate information and to avoid misstatements that may cause confusion or unnecessary anxiety.
A two-paragraph media statement could have stopped the misinformation instantly. Instead, ALSDE is remaining silent.
Silence enables exploitation, confusion, and fear to continue. And this problem is not new.
In 2014, the Alabama Legislature affirmed that families may satisfy compulsory attendance through either public or non-public education. The state removed registration requirements and acknowledged that parents have the fundamental right to direct their children’s education.
That decision protected educational freedom. But it also created a void.
Since the law changed, the state has withdrawn not only regulation, but also representation.
Public school students have entire departments, specialists, offices, reporting channels, and state-funded protection. Non-public students have none of that. They are legally present, but structurally invisible.
This vacuum has real consequences.
Families are routinely misinformed about what the law requires. Voices are silenced by these groups. Parents are told they must enroll in a “cover school,” that they must submit attendance reports, that the parent must be a certified teacher, or that they are officially recognized as a private school if they independently homeschool and thus required to register with the state. They are threatened that truancy cases will ensue if they do not comply or choose to leave a cover school. Yet the misinformation continues – spread by individuals, schools and organizations claiming authority over homeschooling. There is only ONE Authority and that should be the State Department of Education. This authority and representation is absent.
The State Department of Education has clearly confirmed and codified that SB 38 “establish that such nonpublic schools are not subject to regulation by the State Department of Education.” But that is not the dominant messaging.
When the state provides no authoritative source of truth, other voices take its place.
To make matters worse, non-public education programs are told that if they want a voice in policy, they must “get better organized.” Public schools do not have to organize themselves to receive representation. They are automatically included in the decision-making process. Non-public schools, however, are told to build their own advocacy structure, fund their own efforts, and find their own way into the policy conversation – yet are still affected by decisions made without their involvement.
This double standard makes one reality unavoidable: Alabama has created a class of students it acknowledges legally but refuses to support structurally.
Freedom does not mean abandonment. Deregulation was never intended to strip non-public students of equal standing under the law. Every Alabama student deserves accurate information, clarity and protection.
The solution is not regulation. The solution is representation.
It is time for Alabama to establish an Office of Non-Public Schools within ALSDE.
Its primary purpose would be:
• To provide a state-level point of contact for families and private schools
• To publish accurate, legal guidance
• To protect families from fraud and misinformation
Non-public education is not fringe. It is a growing part of Alabama’s education landscape. Families who choose private schools, church schools, microschools, hybrid programs, or home education are not trying to avoid accountability. They are exercising liberty.
ALL Homeschoolers and non-public school students are Alabama’s students too. We deserve the same level of respect and clarity that public students receive.
The lack of an Office of Non-Public Schools is no longer just an administrative oversight. It is a failure of duty.
The time for silence has passed. Alabama must stop allowing misinformation to define what the law says. Our students deserve better.
I open the floor to the ALSDE for conversation.
Jennifer Ludy is a veteran homeschool mom, a microschool owner in Jefferson County, an education advocate, and a curriculum developer serving Alabama’s non-public school sector.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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