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. These schools have notably increased, 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 Article 27 of the Constitution outlines. 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

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, no notable prosecutions or fines for non-compliance exist. 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.

No publicly reported cases of legal action have been taken against homeschooling families. On various online forums, there are calls for clarification and legalization of homeschooling, with its popularity reported to rise.

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, no notable prosecutions or fines for non-compliance exist. 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.

No publicly reported cases of legal action have been taken against homeschooling families. On various online forums, there are calls for clarification and legalization of homeschooling, with its popularity reported to rise.

FRANCE

The official statement from the Prime Minister emphasizes the following:

"If your child is between 3 and 16 years old, they must receive an education. This can be done in a school (either public or private) or through homeschooling under certain conditions. 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 nationality. However, French children living abroad are exempt from this requirement. Family education should include only children from a single family. This restriction aims to prevent the potential professionalization of unauthorized education that lacks pedagogical validation. Concerns about this issue have persisted for decades, with ongoing fears that homeschooling could lead to children learning in environments with sect-like characteristics, which may also face legal restrictions.

What Are 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. A specific situation related to the child that justifies an educational project. The last reason may reflect a family's dissatisfaction with teachers and the educational system, prompting the decision to seek homeschooling. Teaching professionals often face challenging working conditions, inadequate pay, and a significant erosion of authority, making recruitment difficult.

Some competitive examination positions in certain subjects remain unfilled due to growing distrust in the abilities of existing educators. According to a 2022 survey, 67% of the French believe the educational system is no longer effective. Additionally, a September 2023 Ipsos poll revealed that 72% of the French public feels 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