Homeschooling and the Law, Eleven Questions Parents Actually Ask

Eleven at night is when the email gets written, the one that every parent who considers homeschooling eventually sends. It begins with "I know this is a silly question, but." It is never a silly question. It is usually about a form, a deadline, or whether a knock on the door from a truancy officer is in your future. The anxiety is understandable, because the rules about teaching your own children are made by fifty state legislatures, and no two of them read alike.

So here are eleven questions, the ones parents actually ask, answered in plain English. A word of caution before we start: I am describing the shape of the law, not giving you legal advice for your own state. The rules change, and the only authority that counts is your state's current statute and the guidance of your state education agency. I will tell you where to look. Think of this as the map, not the territory.

The foundation

1. Is homeschooling legal in every state?

Yes. Homeschooling is legal in all fifty states. It was not always so clear. Through the 1970s and into the 1980s, in some states, parents who taught their children at home were prosecuted under compulsory attendance laws, and the question of what counted as a school was litigated in courtrooms and settled by legislatures. Over the following decades, state after state adopted laws or court rulings that recognized home education. Now the question is not whether you may do it, but under what conditions.

There is one more wrinkle worth knowing, because it explains why the forms look so different from state to state. States have reached legality by different legal routes. Some have a statute that names home education as its own category. Some treat a home school as a kind of private school and apply the private school rules. Some allow "equivalent instruction" or something close to it, and let the local school authorities judge whether the home program qualifies. The route a state took determines what you file, with whom, and who has the power to say no.

2. What is the constitutional foundation?

Two Supreme Court decisions stand behind the practice, and you should know their names. In Pierce v. Society of Sisters (1925), the Court struck down an Oregon law that required all children to attend public school, holding that the state may not standardize its children by forcing them to accept instruction from public teachers only. The Court also made clear that states may regulate schooling reasonably, including by requiring that children be taught basic subjects. So Pierce gives you the freedom to choose an alternative to the public school, and it gives the state the power to set reasonable standards.

In Wisconsin v. Yoder (1972), the Court held that Amish parents could not be forced to send their children to formal school beyond the eighth grade, because it would burden their religious practice. That case is narrower than people think. It rested on the special record of the Amish community, and courts have not treated it as a blanket exemption from school attendance for everyone. But it affirmed the importance of the parents' role in a child's upbringing. The full story of those cases and their companions is in Meyer, Pierce, Yoder and Troxel Prove the Constitution Puts Parents First.

Nothing in these cases gives anyone a right to ignore the rules your state sets. They are the legal reason that the rules cannot include a ban.

How the rules differ from state to state

3. What are the three kinds of state rules?

Observers commonly sort the states into three broad groups, and the labels are a convenient shorthand, not a legal term.

1. Low regulation. The state asks little or nothing of homeschooling families. In some of these states there is no notice requirement and no testing. Texas is often placed here, because Texas courts have treated homeschools in effect as private schools that the state does not license.
2. Moderate regulation. The family files a notice and shows progress in some way, such as test scores or an evaluation by a certified teacher, but the state does not review the curriculum in detail.
3. High regulation. The family files detailed plans, reports progress periodically, may have to meet a teaching qualification requirement, and is subject to review by a local school official. New York and Pennsylvania are among the states usually described as more heavily regulated.

I name those states as examples of how the groupings are commonly drawn. Do not rely on my example for your decision. Statutes are amended, and the label that fit a state five years ago may not fit it now. Read your own.

4. What is a notice of intent, and when do I file it?

A notice of intent (some states call it a declaration, an affidavit or a letter of intent) is a short written statement, given to the local school district or the state education agency, that you plan to educate your child at home. It generally includes the child's name and age, the parent's name and address, and sometimes a statement that you will cover the required subjects.

Three practical points. First, find out the filing deadline, which in many states is tied to the start of the school year or to the date a child reaches compulsory age. Second, if your child is already enrolled in a public school, formally withdraw the child in writing and file the notice, so that the school does not record the absences as truancy. Third, keep a copy of everything you file, and note the date you sent it. Parents sometimes lose a surprising amount of sleep over a form that was filed on time but never logged.

5. What does testing or portfolio review involve?

In states that require evidence of progress, the usual options are a nationally normed standardized test, a written evaluation by a certified teacher or another qualified professional, or a portfolio review, in which you assemble samples of the child's work for someone to examine. Some states give a family a choice among these options. Some require a test in specified grades. Some require nothing at all.

Two things to know. First, the deadlines and the person who reviews the results are set by statute, so read the section. Second, some states say what happens if a child scores poorly: usually a period of remediation or closer monitoring, not an end to homeschooling. If your state requires a test, the results are typically submitted to the local district or kept by the parent and shown on request. The details differ, so confirm.

Teaching and records

6. Do I need a teaching degree?

In most states, no. Some states require the parent to hold a high school diploma or equivalent. A few have other conditions. This is a good example of a question where the answer varies widely and where you should read the statute rather than rely on what a friend told you at church.

7. What must I teach, and for how many days?

States that specify subjects usually list the basics: reading, writing, mathematics, and some combination of science, social studies and health or physical education. Some states list more. Some specify a minimum number of days or hours of instruction per year; many states with such a requirement set it in the neighborhood of the public school year, which is commonly around 180 days, though you should check your state's exact figure. States with low regulation may not specify.

Here is a useful principle: even if your state does not require records of subjects or hours, keep them. A simple log of what you taught each day takes five minutes a week and could save you hours if anyone ever asks.

8. What records should I keep?

A good homeschool file contains the notice you filed and proof of delivery, a list of the courses taught each year, a sample of work in each subject, any test results or evaluations, and attendance. For high school years, add a transcript: course titles, the year taken, a grade and credit for each. A transcript is the single document a college, an employer, or the military will ask for later, so build it as you go rather than reconstructing it at seventeen.

Diplomas, college and aid

9. How does a homeschooled student get a diploma?

In many states, the parent or the home school issues the diploma, just as any private school issues its own. There is no central authority that grants a "homeschool diploma." Others rely on a different path, such as an affiliation with a private umbrella school or an online program that issues a diploma on completion of its requirements. Another route is the General Educational Development (GED) credential or an equivalent state high-school equivalency exam, which is issued by the state after the student passes the test.

The right choice depends on your state and your goals. If your student is headed to a college that asks for a standard diploma, find out in advance what the school will accept. Most colleges that admit homeschooled students are used to parent-issued transcripts and will tell you what they need.

10. How does a homeschooled student get into college and receive financial aid?

Colleges look at the transcript, test scores such as the SAT or ACT, a portfolio or essays, and sometimes courses taken for credit at a community college while still in high school, which is called dual enrollment. Many colleges publish a page on homeschool applicants, and the admissions office can tell you what they want. Accreditation is not required of a homeschool, and a lack of it does not by itself keep a student out.

For federal student aid, the rules recognize a student who has completed secondary school in a homeschool setting treated as a homeschool or private school under state law. A student should check the instructions for the federal aid application and the financial aid office of the college, because the paperwork can differ. A good rule is to ask the college's admissions and financial aid offices what documents they will want while the student is still in tenth grade.

Beyond the kitchen table

11. Can a homeschooled child take part in public school sports or classes?

It depends on the state, and there is no single answer. A number of states have laws that give homeschooled students access to public school athletics or to individual classes. Florida's 2008 law became known as the Tim Tebow law, named for the football player who was homeschooled and played for a public high school team. Other states leave the decision to the local district or an athletic association, and others do not allow it. If this matters to your family, look at your state's laws and ask the district.

A related question is education savings accounts. In some states, the account may be used for a homeschooling family's educational expenses, with its own rules and reporting. Where that exists, the account comes with obligations that a family not using it would not have. I cover how the account model works in Four Families, One Education Savings Account, and the Math of Choice.

Where to confirm the current rules

Three places hold the answers, and none of them is a blog.

1. Your state legislature's website. Search the education title for "compulsory attendance," "home instruction" or "home school." The statute is the final word.
2. Your state education agency. Many have a page with the forms and a plain-language summary. If the summary and the statute disagree, the statute wins.
3. Your local district office. Ask where to file, and keep the receipt.

A state homeschool association can be a practical help with forms and local custom, though such groups vary and their advice is not a substitute for the statute. And if you are ever facing a real dispute with a district or a child protective agency, that is a time to consult an attorney who practices in your state.

For the larger picture of choices beyond homeschooling, see Vouchers, ESAs, Tax Credits and Charters Sorted Out in One Table, and for the thing a parent should always do first, read A Parent's Checklist for Finding Out What Your Child's School Teaches.

The bottom line

• Homeschooling is legal in all fifty states. The legal foundation is Pierce (1925), which protects the choice of an alternative to public school, and the state's power to set reasonable standards remains.
• The rules vary from nothing to a great deal: notice, testing or evaluation, subjects, days and records. Read your own state's statute before you decide anything, and file what it requires on time.
• Keep a file: your notice, a course list, work samples, test results and a transcript. It costs a few minutes a week and protects you in every direction.
• If you are leaving a public school, withdraw in writing and file your notice so no one mislabels you.
• Plan for the diploma and the college application early. Ask the colleges you care about what they want, in ninth grade, not senior year.