Opposition MPs have claimed that growing numbers of children in home schooling is indicative of a failing public education system.

During the debate on the Education Amendment Act 2002 in Parliament on Friday, Opposition House Leader Maxwell Burgess said that home-schooling became more of an alternative when public education failed.

And he said all the bill did was acknowledge that the public education system was failing.

Mr. Burgess claimed that the way to stop home schooling was not with restrictions, but to make the public education system so good that people did not want to leave it.

He said: "This is not my view. It is the view of the people who day in and day out say `I'm out of here'."

And Shadow Labour and Home Affairs Minister Patricia Gordon-Pamplin said Bermuda still had to question itself as to why there was such a necessity for home schools.

"There has to be something wrong that requires an exodus to these small home-school-type environments," she said.

And she expressed a need for work on public schools.

However, Education and Development Minister Paula Cox disagreed that students moving to home schools indicated that the public education system was failing.

"It would be flawed and a fallacy to think when there is a departure it is only a departure from the public education system," she said.

The comments came during a debate on home schooling on Friday night, when Government amended the Education Act 1996 to make parents more responsible when placing their children in home schools.

Not only must they register their children with Government, but they must also inform the Ministry of assessment results on a regular basis.

However, the amendments were watered-down somewhat to how Government intended just a few weeks' ago.

In June, the Ministry said it intended to enforce the law on home schools by insisting that all home schools with more than four students become licensed institutions and abide by planning and health and safety law.

Government said the Education Act stated a school was a place with more than four students, and therefore home schools, the majority of which have many more, had to stick by that rule from September this year.

If they failed to be become licensed before September, they would be forced to close down.

The tighter controls led to a demonstration outside Parliament and a petition of more than 2,300 names.

But about three weeks ago, the Ministry appeared to do a U-turn on the issue when it held a meeting with some of the home school teachers.

It was claimed the Minister then told the school operators to continue as they were from September, keeping the current number of students.

However, she gave no promises for the future and alluded to having further discussions on creating a home school policy in due course.

On Friday, Ms Cox gave no reasons as to her apparent U-turn on the issue of numbers in home schools, but noted that the Education Act, which does not include the regulation of home schools, stated that a school consisted of more than four students and that any such body must be licensed.

But she said action would not be taken against home school operators in breach of the law on the number of students allowed in a home school.

However, she said she would make provisions when provided with further evidence.