A growing concern is circulating among homeschooling families: If homeschoolers accept education funding, will government regulation follow?
The warning often sounds something like this: “If you take taxpayer money, you’re inviting oversight. Bureaucracy will follow. Homeschool freedom will disappear.”
For families who chose homeschooling specifically because of its independence and flexibility, that message can be unsettling. But when we step back and examine what the law actually says and how laws actually change, the claim looks far less certain than the rhetoric suggests.
Concerns about regulating homeschooling did not begin when education funding portability was made available to non-public school education programs. Long before education savings accounts existed, homeschooling was frequently the subject of proposals calling for greater oversight or regulation. As homeschooling grew rapidly over the past several years, it attracted increased attention from groups that do not fully understand it, as well as from those who believe education should occur primarily within the public school system or be regulated the exact same way as public education.
In other words, scrutiny of homeschooling is not new, and it did not begin with programs like the CHOOSE Act.
Despite this scrutiny, homeschooling continues to grow because families are committed to educational freedom and engaged in protecting their rights.
In Alabama, homeschooling operates under the state’s non-public school law, which was clarified and strengthened in 2014 through the Autonomy of Non-Public Schools Act. Under this law, education outside the public school system falls under the non-public education category and includes private schools, church schools, parochial schools, tutoring programs, and homeschooling.
Alabama law recognizes that non-public education operates independently of the public school system. Parents may legally choose to independently homeschool their children without burdensome government regulations. There is no legal requirement to operate under umbrella schools, cover schools, or similar structures in order to educate children at home. Alabama law intentionally preserves educational freedom by recognizing parental authority to direct a child’s education, including the right to independently implement a home education program.
Understanding this legal framework is important when evaluating claims that accepting education funding will somehow trigger new regulations. Because regulations do not appear automatically, laws must be changed in order to create new ones. That means any attempt to regulate homeschooling (or any non-public school education program) would require the same legislative process that created current protections. A bill must be introduced, debated publicly, passed by the legislature, and signed into law. In other words, regulation cannot quietly appear simply because families participate in an education funding program.
Yet the current narrative suggests otherwise – that homeschool families who accept education funds are somehow ushering in regulation or contributing to the loss of homeschooling freedom.
That claim places an unfair burden on families who are simply trying to make the best educational decisions for their children. It also overlooks an important point: The CHOOSE Act does not rewrite non-public school laws – it operates within them.
Programs like Alabama’s CHOOSE Act allow families to direct a portion of the educational funding associated with their child toward educational expenses. Homeschooling families may receive $2,000 per student, capped at $4,000 per family, if they choose to participate.
Families who prefer to homeschool exactly as they do today, without accepting funding, remain free to do so under the same existing legal protections. But for families who do choose to participate, it is important to understand how these programs are structured.
Like any taxpayer-funded program, education savings programs include safeguards designed to prevent fraud, waste and abuse. Those safeguards are common in public programs – from school nutrition programs to college financial aid. However, the presence of accountability measures does not mean homeschooling itself becomes regulated.
Under programs like the CHOOSE Act, funds do not flow directly into the personal bank accounts of parents. Instead, families direct funds toward educational services and products through approved vendors who have applied to participate in the program. Curriculum providers, tutors, educational service providers, and other vendors must meet program requirements in order to receive payment.
This structure exists to ensure responsible use of public funds while still allowing families flexibility in directing their child’s education. Accountability for how funds are spent is not the same thing as controlling or regulating how families educate their children.
It is also important to address another accusation that often surfaces in these discussions – the suggestion that families who accept funding portability are somehow participating in a scam or are guilty of scamming the system. That claim is simply not grounded in reality.
Programs like the CHOOSE Act were created through the legislative process. They were debated publicly, passed by elected representatives, and signed into law. Families who participate in lawful programs are not exploiting the system or scamming taxpayers. They are using a resource intentionally created to support students by partially porting education funding allocated to their child.
Fear should never be the force that guides educational decisions, but knowledge should. When families understand both the law and the opportunities available to them, they can move forward, making sound decisions with confidence while continuing to direct their children's education with the freedom codified in Alabama law.
Healthy debate is always welcome. Families should ask questions, remain informed, and stay engaged in the legislative process. But decisions about our children’s education should be guided by facts, not fear or speculation.
Read more about the Alabama CHOOSE Act, then remember that the family application deadline is fast approaching. Families considering the educational options available to them for the 2026-2027 school year must submit their application by March 31, 2026.
Jennifer Ludy is a veteran homeschool mom, a microschool owner in Jefferson County, an education advocate, and a curriculum developer serving Alabama’s non-public school sector.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
