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
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.
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.
Legal Issues Affecting the Homeschool Community
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.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
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.
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.
CPS Memorandum on Homeschooling
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
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.
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.
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
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.
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.
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 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.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
A Texas Response to the Akron Beacon-Journal
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
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.
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.
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?
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Featured Resources

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Rhythms of Learning : What Waldorf Education Offers Children, Parents & Teachers (Vista Series, V. 4) (Vista Series, V. 4)
In numerous lectures and through teaching teachers for the first Waldorf school, Rudolf Steiner described and suggested methods of education based on the rhythmic unfolding of spirit, soul, and physiology in children as they grow. In each section of "Rhythms of Learning," Waldorf teacher Roberto Trostli introduces the reader to lectures on specific aspects of children's rhythms of development and how Waldorf education responds. We are shown how Waldorf teachers must, through their own inner capa...
The Well-Trained Mind: A Guide to Classical Education at Home
This book will instruct you, step by step, on how to give your child an academically rigorous, comprehensive education from preschool through high school. Two veteran home educators outline the classical pattern of education—the trivium—which organizes learning around the maturing capacity of the child's mind: the elementary school "grammar stage," the middle school "logic stage," and the high school "rhetoric stage." Using the trivium as your model, you'll be able to instruct your child in all ...
Teach Me to Do It Myself: Montessori Activities for You and Your Child
Based on the key Montessori principle that children learn best through active experience, Teach Me to Do It Myself presents simple activities through which children explore and develop their skills. These skill areas include sensory perceptions, body coordination, language, understanding of numbers, and movement. This practical, color-illustrated parenting book is filled with activities and instructions for overseeing children as they carry out a variety of learning activities. Most activities w...
Consider This: Charlotte Mason and the Classical Tradition
The educators of ancient Greece and Rome gave the world a vision of what education should be. The medieval and Renaissance teachers valued their insights and lofty goals. Christian educators such as Augustine, Erasmus, Milton, and Comenius drew from the teaching of Plato, Aristotle, and Quintilian those truths which they found universal and potent. Charlotte Mason developed her own philosophy of education from the riches of the past, not accidentally but purposefully. She and the other founding...
The Teenage Liberation Handbook: How to Quit School and Get a Real Life and Education
This classic homeschool resource is intended for teens who are ready to take charge of their own education. Written by Grace Llewellyn in the '90s, it is still relevant today. Teens will be empowered by claiming their natural ability to teach themselves and to fully personalize their education. Covers the decision to leave school, as well as many of the learning opportunities available to teens.