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 25.086. 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...
Letter from Commissioner Neeley to Senator Barrientos
Letter from Commissioner Neeley to Senator Barrientos Neeley / Barrientos Letter clarifying her position that it is not the state’s responsibility to regulate home schools.
CPS Memorandum on Homeschooling
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
Home Schools: An Opinion from TEA
Jim Nelson, Commissioner of Education, provides some general information with respect to the Texas Education Agency's position on home schooled students.
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...
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.
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.
Sample Letter of Assurance
This is a sample letter of assurance to send to your school district in response to requests for information.
TX Department of Family and Protective Services Letter
Texas Department of Family and Protective Services letter confirming that a CPS workers have no jurisdiction in home education, truancy or compulsory school attendance matters.
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.
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...
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.
7 Easy Steps to Begin
Questions and answers concerning the legal requirements for homeschooling in Texas provided by the Texas Home School Coalition Association.
North Texas Home Educators’ Network (NTHEN)
The North Texas Home Educators’ Network (NTHEN) provides services and support to homeschool families and homeschool support groups in north and northeast Texas. Their goal is to ensure homeschool leaders and parents have the proper tools and resources to create an enriching education experience for every homeschool student. NTHEN is the largest regional homeschool organization in Texas, serving local support group leaders in more than 80 counties and from more than 160 support groups throughout ...
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Featured Resources
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Responsible Driving, Student Edition
This easy-to-read book features explanations of safe driving techniques and is used in many states as a textbook for in-class driving instruction. It is a great learning tool for a new driver and a good refresher for the more experienced driver.
The Story of the World
This book series by Susan Wise Bauer is another that is best enjoyed as a read aloud rather than seen as a history textbook. It is full of engaging stories, mixing facts and historical legends. The companion study guides offer questions, narration ex...
Flip Over Math Manipulatives
Grades 1-5. Tub of over 500 manipulatives includes Pattern Blocks, Connecting People, Cuisenaire Rods, Coins, and Bean Counters and can be used with the Flip Over Math Books. This 49 page book (others sold separately) is written to NCTM Standards and...
Montessori Method
This book is Montessori's own exposition of the theory behind her innovative educational techniques. She shows parents, teachers and administrators how to "free a child to learn through his own efforts".
Idea Book For Cuisenaire Rods At The Intermediate Level
Grades 2-5. Idea Book designed for use with Cuisenaire Rods.