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?
Political and Legal Support for Homeschoolers in Texas
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Legal Issues Affecting the Homeschool Community
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.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
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.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
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.
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
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.
A Texas Response to the Akron Beacon-Journal
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
Battling for the Heart and Soul of Home-Schoolers
A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.
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.
Looking for Another State?
Featured Resources

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Ideas and Books: The Method of Education
A selection of Charlotte Mason's writings on the topic of the place of ideas and books in the education of children. Mason's teachings on the topic of education required six large volumes to cover. This book makes it simple for homeschooling parents to find exactly what they need to learn about Charlotte Mason's thoughts on ideas and books. The teachings and philosophies of Charlotte Mason, a British educator from the last century, are currently experiencing a revival, especially among American ...
Only Child: Writers on the Singular Joys and Solitary Sorrows of Growing Up Solo
Only children don’t have to share bedrooms, toys, or the backseat of a car. They don’t have to share allowances, inheritances, or their parents’ attention. But when they get into trouble, they can’t just blame their imaginary friends. In Only Child, twenty-one acclaimed writers tell the truth about life without siblings—the bliss of solitude, the ache of loneliness, and everything in between.In this unprecedented collection, writers like Judith Thurman, Kathryn Harrison, John Hodgman, and Peter ...
The Mystery of History
The Mystery of History series is another alternative to traditional textbooks. The five volume set covers history from creation to present day, with a biblical worldview. This series is intended for grades K-8. Note that at this time, this series is not completed.
A Charlotte Mason Companion: Personal Reflections on the Gentle Art of Learning
Now you can realize the joy filled homeschool of your dreams! This modern classic is written by the homeschool mom who first carried Charlotte Mason's writings to America in her suitcase in 1987. Miss Mason's books were soon republished for a new generation. After ten years of intense study and successful application of Miss Mason s principles with her own children, Karen wrote A Charlotte Mason Companion: Personal Reflections on The Gentle Art of Learning ™. Today's parents can now see what a C...
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 Evan. Paula and her husband, C. Madison, decided to home-school their children after racial incidents at public and private schools led them to the conclusion that the traditional educational system would be damaging to their sons’ self-esteem...