Laws Slow Down the Expansion of Homeschooling in Europe

 OCTOBER 30, 2024 – Homeschooling has experienced significant growth in the U.S. during the pandemic and continues to be popular, with 1.8 million school-age students (7.6% of the total) currently enrolled in homeschooling programs. The academic performance in this setting varies, particularly among cyber charter schools, which are private institutions funded and regulated by public sources. The number of these schools has increased notably, often driven by economic factors. In contrast, homeschooling has not gained traction in Europe, despite some demand stemming from dissatisfaction with the public school system. Our research focused on two countries: Spain and France. Conclusions: In France, the current legal framework poses a significant barrier to implementing homeschooling. However, there is a glimpse of potential in Spain, as outlined in Article 27 of the Constitution. It is important to note that the European Union and its 27 member countries have shown considerable interest in this issue. The Eurydice network, a key player in education policy, has published several reports on homeschooling laws and practices. Despite this interest, no legislation has been introduced or passed regarding homeschooling.

Home Education Policies in Europe: Primary and Lower Secondary Education

NOTE This story was improved, adding new material on 5th, November,  2024

SPAIN

The prevailing view is that homeschooling is illegal. Compulsory education begins at age 6, although it is optional from age 3, often in the form of kindergarten or preschool. While homeschooling does not meet the legal requirements for registration in a recognized educational institution, there are no notable prosecutions or fines for non-compliance. A mother who runs a homeschooling business describes this situation as illegal but not unconstitutional  (1). According to The European Network of Home Education, around 4,000 families in Spain engage in homeschooling, citing Article 27(1) of the Constitution, which suggests that education is compulsory, but not necessarily within a dedicated institution.

There have been no publicly reported cases of legal action taken against homeschooling families. On various online forums, there are calls for clarification and legalization of homeschooling, with its popularity reported to be on the rise. The main reason for this trend is dissatisfaction with the public and private school systems. However, the OECD’s Education at a Glance 2023 report indicates that the Spanish education system is generally well-received, having successfully reduced dropout rates. It does, however, note regional disparities and challenges in recruiting teachers, which contribute to a decline in educational quality. (1) Article 27 of the Spanish Constitution on the right to education does not specifically mention "schooling." It states: "Everyone has the right to education. Freedom of teaching is recognized, and education should aim to fully develop the human personality with respect to democratic principles of coexistence and fundamental rights."

FRANCE

The official text published by the Prime Minister is very clear:

“ If your child is between 3 and 16 years old, they are required to receive an education. This can take place in a school (either public or private) or at home under certain conditions, commonly known as homeschooling.

To homeschool, you must apply for a permit from the Dasen, the Academic Director of National Education Services in your local area. It is important to note that there are limited grounds for obtaining this permission."

 Who Can Homeschool?

Any child residing in France can participate in family education, regardless of their nationality. However, a French child living abroad is exempt from this requirement. Family education should only include children from one family. This restriction has several motivations, including preventing the inevitable professionalization of education that is not pedagogically validated. Concerns about this issue have been raised for decades, and there is ongoing fear that such homeschooling could lead to children being taught in environments that may have sect-like characteristics and could also face legal restrictions.

 What Are the Acceptable Reasons for Homeschooling?

1. Health issues affecting the child.
2. Disability status of the child.
3. Child's involvement in intensive sports training.
4. Family mobility within France.
5. Geographical distance from any public school.
6. Existence of a specific situation related to the child that justifies the educational project.

The  last reason can substantiate a family's dissatisfaction with the work of teachers and then explain the demand of homeschooling. Teaching professionals often face challenging hours, inadequate pay, and a significant erosion of their legitimacy, making it difficult to recruit new teachers. Some competitive examination positions in certain subjects remain unfilled due to growing distrust in the abilities of existing educators.

67% of the French population believe that the educational system is no longer effective, according to a survey  in 2022. Additionally, a September 2023 Ipsos poll found that 72% of French people feel the public education system is deteriorating.

Rentrée: 67% des Français jugent que l'école ne fonctionne plus - Challenges   2022

72% des Français pensent que le système éducatif se dégrade | Ipsos  Septembre 2023

Given this sentiment, many parents are increasingly turning to the private sector, which is partially regulated by the State. There is also a growing interest among parents in homeschooling, as evidenced by the number of associations dedicated to this approach. However, the centralized nature of the French educational system imposes significant barriers. The Dasen (Academic Director of the National Education Services ,  one in each 101 dpertements) is responsible for ensuring that children receive instruction and acquire knowledge.

On a pedagogical level, the Dasen also monitors the progress of each child, verifying that they have mastered all the requirements of the so-called Common Core (with a precise definition of basic knowledge a teen by age 16 should know).