Late January, the American Legislative Exchange Council (ALEC) released the 2026 edition of the Index of State Education Freedom: A 50-State Guide to Parental Empowerment. Though the organization gave the state a B+, state education officials confirm that the group relied on outdated language to make incorrect assumptions about state requirements for homeschooling families.
The ALEC report grades states on various aspects of school choice, and while Alabama is currently ranked 12th nationally, by its own criteria, the state should receive a higher grade.
The report ranks Alabama's grades as follows:
- Student-centered funding programs: A
- Charter Schools: C
- Homeschooling: C
- Virtual Schools: B
- Open Enrollment: F
The report cites two areas for improvement in homeschooling:
- Remove the requirement that homeschool teachers possess an Alabama Teaching License. Parents should always be empowered to teach their own children, regardless of whether they possess a valid teaching credential.
- Remove the requirement that homeschooling curriculum include the same areas of study as traditional public schools. Empower parents to decide what subjects to focus on and tailor curriculum to their child's needs.
The problem? Alabama state law does not require either of these things for homeschooling families.
"The ALSDE is not authorized to license or regulate any nonprivate, nonpublic, or church school offering instruction in grades K-12 or any combination thereof, except as to the application of the Child Protection Act of 1999, as amended (which is related to criminal background checks when required by law)," a spokesman with the Alabama Department of Education told 1819 News. "Also, we do not require Parents to have a state teaching certification to teach their own kids."
The tutor statute in Alabama, § 16-28-5, dates to the 1940s and is not applicable to homeschool parents, co-op volunteers, or other non-professionals assisting in a homeschool setting. Rather, it is available to those who opt in under the ALSDE.
A spokesman for ALEC told 1819 News that the organization bases its scores on data from the Home School Legal Defense Association (HSLDA).
HSLDA disputed the findings of the report and the use of them as the source of the information, saying that ALEC did not reach out to them before publication.
"We consider their ranking for Alabama as it regards homeschooling to be completely wrong," William A. Estrada, Esq. Senior Counsel for the HSLDA told 1819 News in a written statement. "HSLDA believes that Alabama's current law is well established, clear, embraces homeschool freedom and parental rights, and needs no changes."
ALEC representatives told 1819 News before the publication of this story that they will consider the information above when developing the methodology and scores for the next edition of the report.
*Editor's Note: This story has been updated after publication to include a response from HSLDA.
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