Homeschool Legally

Back in the 1980’s, very few states were homeschool friendly.  In fact, many were hostile. States like Iowa, Nebraska, North Dakota, and Texas argued neglect and truancy if parents tried to homeschool, threatening to put parents in jail and their children in foster homes.

Where we are today, of course, is much different.  The goal now is to give parents access to information and resources so they can exercise their freedoms to homeschool legally and responsibly.

Where to Start

First of all, consider which of the four categories of education at home appeal to you most, as each category has its own legal implications.

Once you know which category is the best fit for your student and family, there are two solid databases that provide information about how to homeschool legally based on your type of instruction—see Primer and HSLDA to start.

Truancy Laws

Truancy laws vary by state, truancy being the idea that a student is absent from school without permission from the district and parents.  In order to avoid legal action, parents must typically enroll children of school-age either in district, private, or homeschool.  A majority of states require very little notice of intent to homeschool; other states have more stringent standards—which is why it is so important to understand your state’s requirements.

Thirteen states organize under what is called Private School Law, such as Alaska and California, where you must establish your home as a private school or join under a satellite homeschool program.  Other states offer what is called a Tutorial Exemption, meaning that parents who are certified teachers can homeschool their children with very few other restrictions.

The bottom line is to assure you are well within state requirements to homeschool so that you don’t face legal action for non-attendance in the public school.

Evaluations

Again, each state has its own laws.  Some states require students take national exams on a regular basis to assure continuing competency, others have what are called End of Year Evaluations that could be anything from a portfolio with a third-party evaluation to a standardized test.  Typically, these evaluations occur at the end of the school year.

Required Curriculum

Some states require a core curriculum, others do not.  Regardless, if you are homeschooling privately, states rarely mandate the method, delivery, or frequency of each subject.  In other words, for subjects like Health, parents could opt to condense the curriculum into a month or two worth of lessons to be paired alongside the core curriculum; as long as the content is mastered, timing is less relevant.  The state also does not require that parents purchase curriculum in every subject area, so for families who are financially stretching to homeschool this is where library and internet resources can make budgeting possible.

Generally states have become supportive of homeschooling, seeing it as a win-win for the district— they continue to receive taxpayer dollars for the student, even if the parents take on the responsibility of educating at home.  In addition, because of those tax dollars, the district remains available as a resource to homeschool families looking for supplemental support, extra curriculars on campus, or educational assistance.

As is true with many other privileges, the more we continue to exercise and utilize these freedoms, the greater the likelihood they will remain. For more help on homeschooling legally, consider contacting a homeschool legal defense organization for assistance.