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.
What's Popular
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...
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.
Leeper Case Decisions
In March 1985, attorney Shelby Sharpe, on behalf of several home school families and curriculum suppliers, filed a lawsuit against all the school districts in Texas on behalf of all home educators in Texas. In what became known as the Leeper vs. Arlington class action suit (Leeper v. Arlington I.S.D. No. 17-88761-85), home educators asked the court to give a declaratory judgment on the question of whether or not the legislature had intended home schools to be private schools when they enacted th...
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...
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.
I've Decided to Homeschool--Now What?
You've made the decision to homeschool, so what's next? This article includes some friendly, non-legal advice concerning what to do and what not to do when beginning to homeschool in Texas.
Leeper Supreme Court Decision
The state again appealed, and in June of 1994, the Texas Supreme Court, in a unanimous 9-0 decision {Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994)}, confirmed the lower court’s decision. This is the text of that decision.
Texas Homeschooling Curriculum Requirements
Some Texas homeschoolers are being given false information by some school districts. This is the Texas Home School Coalition's response from August 15, 1997.
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.
A Texas Response to the Akron Beacon-Journal
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
Gary W. Leeper, et al. vs. Arlington Independent School District, et al.
This is the text of the final judgement of the case of Leeper v. Arlington ISD. The conclusion in this case was that "a school-age child residing the the state of Texas who is pursuing under the direction of a parent or parents or one standing in parental authority in or through the child's home in a bona fide (good faith, not a sham or subterfuge) manner a curriculum consisting of books, workbooks, or written materials including that which appears on an electronic screen of either a computer or...
Sample Letter of Assurance
This is a sample letter of assurance to send to your school district in response to requests for information.
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 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.
7 Easy Steps to Begin
Questions and answers concerning the legal requirements for homeschooling in Texas provided by the Texas Home School Coalition Association.
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Featured Resources

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Freedom and Beyond (Innovators in Education)
John Holt looks at the role that schooling in society plays in education.
Sing, Spell, Read & Write
Sing, Spell, Read & Write is a phonics-based program that uses a 36-step program of carefully sequenced steps to teach reading, writing, and spelling. More product information can be found
Kingdom of Children : Culture and Controversy in the Homeschooling Movement (Princeton Studies in Cultural Sociology)
More than one million American children are schooled by their parents. As their ranks grow, home schoolers are making headlines by winning national spelling bees and excelling at elite universities. The few studies conducted suggest that homeschooled...
Cognitive Styles and Learning Strategies: Understanding Style Differences in Learning and Behaviour
First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
Morning by Morning : How We Home-Schooled Our African-American Sons to the Ivy League
Home schooling has long been regarded as a last resort, particularly by African-American families. But in this inspirational and practical memoir, Paula Penn-Nabrit shares her intimate experiences of home-schooling her three sons, Charles, Damon, and...