Why the Make Homeschool Safe Act Endangers Parental Rights for Families with Special Needs Children: A Call to Action!

Why the Make Homeschool Safe Act Threatens Parental Rights

The Make Homeschool Safe Act (MHSA), introduced in 2024, promises “uniform standards” and “child‑welfare protections” for homeschooling families. While those goals sound noble, the proposed model bill fundamentally undermines the core principle of homeschooling: parental control over a child’s education.

What is a Proposed Model Bill?

A proposed model bill is a draft of legislation that serves as a template for lawmakers. It is created to guide the drafting of laws in various jurisdictions, promoting uniformity and consistency in legal language and structure. Often times a legislator sponsors a bill that they haven’t written or isn’t in the best interest of those they represent, the lawmaker simply adopts “model legislation”—pre‑written proposals crafted by well‑funded special‑interest groups that seek government action to advance their own political objectives.

The MHSA threatens all homeschooling families, but is especially dangerous to families homeschooling children with Special Needs and Learning Disabilities.

How MHSA Encroaches on Parents Rights

1.Requires every homeschooling family to file a curriculum outline with a state agency, turning a private educational choice into a public record.

2.Forces families to submit immunization or exemption paperwork.

3.Imposes state‑approved tests at grades 3, 6, and 9, effectively dictating what children must learn and how progress is measured.

4. Background checks, compliance audits, and exorbitant fines for a missed deadline. Unfortunately, this is just a fraction of what this legislation wants implemented.

These provisions shift decision‑making from parents to distant bureaucrats, eroding the autonomy that makes homeschooling viable in the first place.

Health‑Documentation Requirements in the Make Homeschool Safe Act (MHSA)

The MHSA mandates that every homeschooling family submit annual health‑related paperwork to the state education agency (SEA). Below is a step‑by‑step breakdown of what the proposed legislation would require, and how families would be expected to comply.

A copy of the child’s up‑to‑date vaccine schedule, showing dates of each administered dose. OR

A legally recognized exemption (medical, religious, or philosophical) signed by a qualified professional (e.g., physician, clergy) and the parent. AND

A brief statement confirming that the child has undergone a routine health check‑up (e.g., physical exam, vision screening) during the past 12 months. The summary can be a doctor’s note or a signed checklist.

Why the Health‑Documentation Requirement Is a Massive Overreach

Let’s be real: a child’s immunization record and basic health check‑up have nothing to do with the content of a homeschool curriculum. They’re medical details, not educational ones. Yet the Make Homeschool Safe Act forces every homeschooling family to file those documents with the state each year. Requiring health and immunization records for homeschooling is a classic case of government overreach. It mixes medical privacy with educational regulation, creates needless paperwork, and threatens to set a slippery slope for more intrusive demands. Parents’ rights to raise and educate their children—free from unnecessary state interference—should be the default, not the exception.

Standardized Assessments at Grades 3, 6, 9

The mandated testing schedule can mischaracterize a child’s development and place undue stress on both the student and the family.

A one‑time test captures performance on a particular day, not the cumulative growth that many special‑needs students achieve through therapy, repetition, and individualized instruction.

Many special‑needs learners make leaps and plateaus; a single benchmark may fall during a plateau, falsely suggesting regression.

Low scores on mandated tests can be misinterpreted by schools, service providers, or even extended family as evidence that the child is “behind”.

One‑Size‑Fits‑All Standards Ignore Diversity

Homeschooling is a heterogeneous movement: some families follow classical curricula, others pursue unschooling, project‑based learning, or faith‑based instruction. The MHSA’s uniform curriculum summary and standardized benchmarks ignore this diversity, forcing families into a narrow mold that may not align with their educational philosophy or the child’s learning style.

The MHSA’s one‑size‑fits‑all approach fails to accommodate the needs of special‑needs homeschoolers. By imposing uniform curriculum outlines, standardized testing, and mandating health documentation, the act risks undermining individualized education plans, increasing administrative and financial burdens, and potentially penalizing families who are already navigating complex therapeutic regimens.

Parents are the experts on their child’s unique strengths, challenges, and learning style. When a child has special needs, the family’s day‑to‑day observations—combined with the insights of therapists, doctors, and educators they choose—create a highly individualized roadmap that no generic government template can match. By trusting parents to design curricula, select assessments, and coordinate therapies, we preserve the flexibility that makes homeschooling a viable lifeline for many special‑needs families. Removing top‑down mandates lets parents focus on what truly matters: tailoring instruction to the child’s abilities, adapting in real time as needs evolve, and fostering a supportive environment that nurtures growth rather than forcing compliance with a one‑size‑fits‑all standard.

Soapbox Incoming…

No matter which side of the aisle you sit on, the Make Homeschool Safe Act is a real overreach. It tries to tell parents what their kids should learn and how they should teach it. Most families turn to homeschooling because the public‑school system just isn’t working for their child—whether it’s academic struggles, social issues, or spiritual needs. Their homeschooling style is shaped by personal, religious, or cultural values and is built around what actually fits their family.

The bill’s wording doesn’t lean one way or the other, but the problem is the same: it forces a one‑size‑fits‑all approach on a wildly diverse community. Once it’s on the books, those uniform rules could be used to go after any group that doesn’t match the prescribed norm, turning a supposedly neutral measure into a tool for broad government control.

Bottom line? This legislation is badly thought out, raises serious constitutional questions, and tramples on parental rights.

Please visit the Homeschool Legal Defense Association (HSLDA) and read more about MHSA under the legislation tab and then sign up for legislative updates both federal and local. Reach out to your Representatives and make your voice heard.