Thousands of homeschooling families are fighting a Democratic-led bill in Illinois that would allow criminal charges to be filed against parents who don’t comply with new paperwork rules.

House Bill 2827 would require families to notify their school districts in writing if they are homeschooling their children. Education officials could then demand proof of teaching materials and student work at any time. If parents don’t comply, they could face misdemeanor charges punishable with up to 30 days in jail and a $500 fine.

The Home School Legal Defense Association says it could be the first time a state has gone backwards on homeschool freedom.

“If this bill passes, it will be the very first time that a homeschool bill has ever been passed that has automatic criminal penalties, simply for failing to file an annual piece of paperwork,” a lawyer for the group, Will Estrad, tells The New York Sun. “The stakes could not be more clear.”

One of the bill’s proponents, State Representative Terra Costa Howard, says Illinois does not currently regulate homeschooling and the bill is simply meant to bring Illinois up to par with the 38 other states that exercise some sort of oversight of homeschoolers.

“We have absolutely no idea how many kids are being homeschooled in the state of Illinois,” Ms. Howard said in a recent radio interview. Ms. Costa Howard received nearly $40,000 in campaign contributions last year from teachers unions, according to Public Union Facts.

Those unions carry considerable sway at the Illinois capitol. The Illinois Education Association spent $1.9 million on political contributions in 2024 according to taxpayer advocacy group Illinois Policy.

Illinois public schools spent an average of $23,700 per student in 2022-2023, according to the National Center for Education Statistics. That is well above the national average of $18,600. Despite that, it ranked 19th for standardized testing performance.

Supporters have claimed the homeschooling bill is a way to protect children from parents who use the practice to hide abuse and neglect. Mr. Estrad, however, says such a rationale disparages parents who have turned to homeschooling to protect their children.

“I talk daily with families who are in tears because their kids are being bullied in public schools,” Mr. Estrad said. “They’re like, ‘What can we do? Homeschooling is our only option,’ and homeschooling has been a lifeboat for their children and their kids thrive.”

Thousands of homeschool proponents rallied at the state Capitol at Springfield on Wednesday to protest during a hearing on the bill. A former Chicago school teacher who is now a homeschooler, Aziza Butler, told lawmakers she was strongly opposed to the proposal.

“What really breaks my heart about this bill is that it’s based on the underlying assumption that education can not work without legislators and district bureaucrats and school administrators,” Ms. Butler said. “This is not just a homeschool issue, this is an issue with our broader education system.”

Along with speakers at the hearing, around 50,000 people have filed paperwork opposing the legislation and about 400 people went on the record to support it, including the state teachers union. Despite the lopsided numbers, the Education Policy Committee passed the bill by a vote of 8-4 with only the committee’s Republicans voting against it.

The so-called Homeschool Act now advances to the full House. It would also have to pass the Democratic-controlled Senate and be signed into law by the governor to become law.

The New York Sun reached out to Governor Pritzker’s office for comment but did not hear back by the time of publication.