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
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.
CPS Memorandum on Homeschooling
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
Department of Public Safety Letter Regarding Home Schoolers
Department of Public Safety Letter concerning requirements of their identification policy and proof of enrollment for home schoolers.
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...
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
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.
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.
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...
7 Easy Steps to Begin
Questions and answers concerning the legal requirements for homeschooling in Texas provided by the Texas Home School Coalition Association.
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.
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.
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.
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.
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.
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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Montessori: A Modern Approach
Montessori: A Modern Approach has been called the single best book for anyone -- educator, childcare professional, and especially parent -- seeking answers to the questions: What is the Montessori method? Are its revolutionary ideas about early child...
Considering God's Creation
Life science truly comes alive with this 270-page lap-book style notebook for 2nd-7th graders. A Charlotte Mason type discovery approach is easily implemented with creative activities, music and topical Bible studies, making this program a perfect ch...
A Little Way of Homeschooling
This book is a compilation of the experiences of 13 different homeschoolers and how they incorporated an unschooling style of teaching in their homes. This book addresses the question of whether a Catholic can happily and successfully unschool. This ...
Handbook of Nature Study
A matchless handbook for decades, this classic work has been the natural history bible for countless teachers and others who seek information about their environment. Written originally for those elementary school teachers who knew little of common p...
Catholic Homeschool Companion
Here’s your one-stop resource for information, insight, and inspiration about every aspect of educating your children at home — written by those who understand it best: homeschooling parents themselves! Would you like to teach science or phonics bett...