Legal Information


Each state determines their own regulations with regard to homeschooling. Vast differences exist from state to state, so consider using the States At-A-Glance page provided by NHEN.  Your best source of information will probably come from experienced homeschoolers in your state, but don't assume any information is accurate until you've checked it out for yourself. Experience shows that  school officials often seek to require more compliance than is legally necessary or permissible.


Sometimes when you are just trying to figure out the legalities of homeschooling, it helps to have someone guide you to even know what the questions are. Below, NHEN offers exactly that.  The "Questions You Need to Ask" tab pertain to the legality of homeschooling. Remember, it's different for each state, so please make no assumptions if you understanding homeschooling in one state already. The other may be VERY different. Many of these questions are answered by incredibly informative State Homeschool group webpages. Be sure to look there as well.


If your state does not have a fully informative website for homeschoolers, consider volunteering your services or starting one yourself! The "Ten Essential Items" tab below can help you know what might be helpful.

When seeking information about regulations in your state, the questions below will be helpful. Being fully informed is the most effective way to protect your homeschooling freedoms.


 1. What is the compulsory attendance statute and what ages are affected?


2. Are certain subjects required and are they applicable to homeschoolers?


3. How are homeschoolers treated in relation to the statute? (as a private school or as some other category, neither public or private)


4. Is there a separate statute dealing precisely with homeschooling?


5. If so, is there general agreement or controversies about what it means or how it applies to homeschoolers?


6.  If there is no separate statute dealing with homeschooling, under what authority are homeschools regulated?


7. What role does the state Department of Education play in regulation of homeschooling?


8. What role does the local school district play in homeschooling regulation?


9. Has there been any recent legislative activity related to homeschooling?

10. What actually happens in real life in terms of what is necessary to satisfy the school district or fulfill the legal requirements?


11. What kinds of trouble, if any, have homeschoolers in the state faced in the past few years?


12. What current controversies, if any, are going on in the state, either on explicit homeschool issues, on coming-down-the-pike legislation, or on any topics that might impact homeschooling in the state?

An FAQ on Regulating Home Education


Over the years, home educators have faced possible regulation on a variety of fronts. This article shares why these various regulations are completely  unnecessary. Topics include:


compulsory attendance statutes                
home school as a private school

quality education                                       

educational neglect
child abuse                                                

 truancy
curriculum review                                      
standardization
parental qualifications                                 

accessing public school activities

 Over the years, NHEN has collected articles from homeschoolers around the country. As you know, different states view homeschooling different with regard the regulations they impose. But these articles, which are also in the NHEN Library as pdf's, might help you broaden your knowledge about the legalities associated with homeschooling.


*Reminder: Yes, homeschooling is legal in all states. Laws and regulations can change. Informed homeschoolers can help keep homeschooling free in the states with minimal restrictions, and might help others in states that have more onerous regulations loosen their restrictions.

 

The Case Against Government Regulation of Homeschoolers

Laura Derrick, homeschooling advocate in Texas, clearly lays out the reasons to become more active in understanding and protecting homeschooling freedoms and she helps us navigate how to articulate the position more clearly.


Grassroots in Action

Using Aristotle's concepts of Ethos, Pathos, and Logos, Ed Dickerson discusses how to connect with local politicians to protect homeschooling rights and freedoms.


On Jumping Through Hoops

Whether the "hoops" are testing, curricula approval, keeping portfolios, teaching for a specific number of hours in a day, meeting with certified teachers, homeschoolers face different levels of regulations in different states. Helen Hegener, Alaskan homeschooler and Editor of Home Education Magazine, encourages us to look at whether these hoops are really necessary.


Preserving Homeschooling Rights
Amy Grant of Oregon,  looks at potential threats, choices, approval, and compliance issues that face homeschoolers today.


Reacting to Alerts

Think twice before jumping on the bandwagon to storm a politician's phone line. Shay Seaborne shares what happened in Virginia.


Standardized Education Serves Nobody
Jennifer J. Ross examines Florida politics and helps us think through the idea of standardized education.

Ways of Transformation

When homeschooling groups disagree on political choices affecting the entire community, Nicky Hardenbergh offers some suggestions that she used in Massachusetts and how these ideas could be used at the national/global level..
Homeschooling rights have been threatened with various legislation over the years. Sometimes such restrictions stem from a particular issue that  Occasionally, NHEN has been asked to help with particular cases that arise in various states. These position papers are available for anyone to see and possible use, should the situation (or something similar) arise again in another state.


An FAQ on Regulating Home Education
Over the years, home educators have faced possible regulation on a variety of fronts. This article shares why these various regulations are unnecessary. Topics include:

compulsory attendance statutes                  home school as a private school

quality education                                          educational neglect
child abuse                                                   truancy
curriculum review                                         standardization
parental qualifications                                  accessing public school activities


Child Protection Issues

 NHEN responded to the question posed by the North Carolina Task Force of Child Fatalities in 2002:

What, if any, new measures should be taken to help assure the safety of homeschooled children (particularly in reference to child abuse and neglect)?


Curfews and Homeschooling
A collection of opinions and views into how curfews affect homeschoolers


School Board Quiz

Ned Vare gives a list of questions you might want to ask during the next School Board election


The HSLDA Question
Mary McCarthy shares thoughts on whether homeschoolers need to purchase legal protection ahead of time.