Question: What is the law in Illinois regarding the burning of leaves?

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Answer: Local ordinances may impose limitations on burning landscape waste including limiting the hours when such burning may occur, types of material allowed, as well as a total ban of open burning of leaves. Even if you are not within a local municipality, state laws regarding control over the fire and other-related hazards influencing the safety to the public and neighboring properties could still apply.

Question: Can I legally home-school my children?

Answer: In People v. Levisen, the Illinois Supreme Court held that home-schooling could be considered private schooling if the teacher was competent, the required subjects were taught, and the student received an education at least equivalent to public schooling.

Parents who permit a child to attend a home school are free to decide the manner, time and materials which best suit the learning needs of their children. They may also determine what type of home-schooling curriculum is best for their students, what materials to use, how much homework to assign, how homework is to be assessed, and what records of the students accomplishments should be kept.

State testing is not required for home-schoolers. Parents who choose to educate their students in the home through the high school years may determine when their student has met the graduation requirements of their private home school and is therefore entitled to receive a high school diploma.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer. If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.

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