Most attorneys don't think about homeschooling until it pops up unexpectedly in a case they're already handling. Florida attorney Michael Tupper found that happening so often that he decided to make homeschooling law the third pillar of his family law and estate planning practice. Here, he makes the case for why every generalist should understand the basics of home education law.
—Interview by Emily Kelchen, edited by Bianca Prieto
What sort of cases is homeschooling a common issue in?
For me, it may impact any case that walks into my office.
In family law cases, I may be advocating for a parent who is separated or divorcing their spouse, who no longer supports their decision to home educate their child.
In cases involving child abuse and neglect investigations or children being removed from parents, I may be protecting the legal rights of parents where child welfare caseworkers suspect educational neglect.
In special education cases, I may consult with parents who are making home education a part of their “exit strategy” when the public-school environment is no longer workable for their child.
In each case, having firsthand experience with the practicalities of home education and its benefits is invaluable.
As someone already familiar with home education, what surprised you most when you first began working in this space?
I think the thing that surprised me the most was the pre-judgment that I frequently encountered from those who were generally unfamiliar with home education. There are many judgmental attitudes and preconceived notions about lack of rigor, opportunity or socialization. Experience has shown that these arguments couldn’t be further from the truth.
Is that holding steady post-pandemic, as the number of people with homeschooling experience increased?
I think it is important to note a distinction between a home education program that is established and operated by parents and public “virtual schooling” in a home setting. There are very few people who have found virtual schooling satisfactory.
Has the negative experience people had with virtual schooling during the pandemic—or the pre-judgment you mentioned earlier—shaped the laws around home education?
This is largely dependent upon the political and ideological motivations of the “powers that be” in each state.
In Florida, where I practice, the State takes a largely laissez-faire approach. We also have a very active home education lobby that is focused on maintaining parents’ right to lead and direct the education of their child without interference.
If a lawyer in another practice area has a client who casually mentions they’re homeschooling a child, what follow-up questions should that lawyer ask?
It is vital to determine the motivations and objectives of the person for whom you are advocating.
There are many different reasons a parent may choose to home educate their child. Be it religious practice or preference, accommodating disability or health issues, or just a matter of lifestyle preference.
Discovering their “why” will help you shape your representation.
If you could brief every attorney in the country on one thing about homeschooling and the law, what would it be?
Flexibility and freedom. I guess that is two things. To me, they are opposite sides of the same coin. I would want each attorney to know about the flexibility this option can afford families who are often encountering enormous stress from the pressures of the world and challenges within the family. Home schooling gives parents and children freedom from a number of these concerns and allows for education to take place in a supportive environment with the people who are the most invested in the outcome.
Raise The Bar’s Take
Tupper's shorthand is "flexibility and freedom," but the practical translation is this: homeschooling is often something families turn to when they're already under pressure, which means by the time it shows up in your caseload, the stakes are usually high. If a client mentions homeschooling, don't gloss over it. Ask why they're doing it, because the motivation behind the decision shapes everything about how you represent them.
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