Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Texas and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Texas.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
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Texas Education Agency
The Texas Education Agency (TEA) is comprised of the commissioner of education and agency staff. The TEA and the State Board of Education (SBOE) guide and monitor activities and programs related to public education in Texas.
Sample Letter of Withdrawal
This is a sample letter to send to your school district when withdrawing your child from school.
Is Unschooling Legal?
Although it hasn't been tested in court, as far as this mother is concerned for her family unschooling is perfectly legal in the state of Texas. Here's how she sees unschooling fits the Leeper decision for her and her family.
Texas Education Agency Home School Informationq
Includes a home school information cover letter, the Commissioner's April 20, 2004, Home School Policy Letter, and the text of the Texas Education Code governing operation of schools and School Attendance.
Leeper vs. Arlington ISD Appeals Decision
The Leeper verdict was appealed by the state, and on November 23, 1991, the Court of Appeals, Second District, upheld the lower court’s ruling completely and without changes. This is the text of the appeals court ruling in this case. The original lower court ruling was upheld, affirming that students who are legitimately being educated at home are exempt from compulsory attendance laws.
Texas Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Texas. Includes a link to a legal analysis of laws relating to homeschooling in Texas.
Lobbying the Texas Legislature
One responsibility of THSC is not only to protect the established laws that safeguard the right to home school in Texas—and ultimately the right of all parents to direct the care, custody, and education of their children—but it is also to fight for new laws that expand the freedoms of parents in this great state.
Letter from Texas Department of Family and Protective Services
Letter from Commissioner Cockerell of Texas Department of Family and Protective Services clarifying that CPS does not consider home schooling as a risk factor in determining the safety of a child.
Texas Homeschooling Laws
A short and enthusiastic explanation of the laws pertaining to home education in Texas.
A Texas Response to the Akron Beacon-Journal
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
Texas Education Code 25.085. Compulsory School Attendance.
(a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child
who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school.
(c) On enrollment in prekindergarten or kindergarten, a child shall atte...
CPS Memorandum on Homeschooling
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
Homeschool Attorneys in Texas
These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.
Texas Education Code 25.086. Exemptions.
(a) A child is exempt from the requirements of compulsory school attendance if the child: (1) attends a private or parochial school that includes in its course a study of good citizenship; ... (5) is at least 17 years of age and: (A) is attending a course of instruction to prepare for the high school equivalency examination, ... or (B) has received a high school diploma or high school equivalency certificate...
Sample Letter of Assurance
This is a sample letter of assurance to send to your school district in response to requests for information.
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