Kansas Senate Education Committee hears bill to define 'homeschool'; supporters say clarification, opponents warn of funding and regulation risks

The Kansas Senate Education Committee heard testimony on Senate Bill 338, which would explicitly add and define the term 'homeschool' in state statute. Reviser Tamara Lawrence told the committee the bill would amend KSA 72-43-45 to include 'homeschool' and define it as "a nonaccredited nonpublic school where a parent or person acting as parent directs the private instruction of such parent's or person's child," with the bill taking effect July 1 upon publication.

Supporters — including Jennifer LaPorte of the Christian Home Education Coalition of Kansas, Robert Simmons of Midwest Parent Educators, homeschooling parent Jennifer Woodward, and Amy Buckmeyer, staff attorney at the Homeschool Legal Defense Association (HSLDA) — said SB 338 simply formalizes a term already used in practice and does not change registration, oversight or requirements. LaPorte told members the intent is "to place a more informal common usage word, homeschool, in the more formal legislative context of statutory language" and avoid future confusion. Buckmeyer said, "This is not a request for a new homeschooling law. It's just seeking to clarify this is current practice and current law." Proponents repeatedly said homeschools in Kansas currently register as nonaccredited private schools.

Neutral testimony from Frank Harwood, deputy commissioner for fiscal and administrative services at the Kansas State Department of Education, urged semantic care. Harwood said KSDE does not oppose the bill’s intent but recommended retaining the phrase "nonaccredited private schools" rather than substituting "nonpublic," and cautioned that language about instruction "at the direction of the parent" could be read narrowly and unintentionally restrict common cooperative arrangements among homeschool families.

Opponents — including John Axtell of the Kansas Campaign for Liberty, Leah Flyter of the Kansas Association of School Boards, and Jerry Hen representing United School Administrators (USA Kansas) — warned that an explicit statutory definition could create a pathway for future policy changes. Axtell said the bill could "open Pandora's box," arguing a statutory definition might be used to justify future oversight or changes. Flyter urged the committee to reject the bill or to amend it to explicitly prohibit homeschools from eligibility for public tax dollars, citing concerns that definitional language combined with other bills could enable public funds to go to private education. Hen raised questions about the phrase "regularly offers education," asking how the term would be defined and how accountability for educational quality would be assured.

Committee members asked both proponents and opponents to clarify effects on registration, funding eligibility and accountability. Proponents and the reviser said the bill does not change registration requirements — families that do not register still risk noncompliance with compulsory-attendance laws — and argued a clear statutory definition would reduce the chance of divergent judicial or administrative definitions in the future. Opponents proposed alternatives, including a statutory definition that explicitly states homeschools are not eligible for public funds or adopting models from other states that recognize multiple categories of homeschool arrangements with different notice or oversight requirements.

The committee closed the hearing after receiving oral and written testimony and noting follow-up hearings scheduled for the next day.