The Legalese of Homeschooling

Education is a state issue and as such, is regulated differently depending on which state you live in. Some states, particularly in the Northeast, have stricter regulations for homeschooling. Other states have little regulation and make it much easier to get started and continue on the homeschool path. 

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We recommend that you go to the Homeschool Legal Defense Association (HSLDA) to find your state laws and requirements. 

The HSLDA updates their information regularly and also has a membership available  for homeschool families where they can assist you with any legal issues that may arise. 

Here are a few things to keep in mind pertaining to the legal aspect of homeschooling. 

  1. Homeschooling is legal in every state.

    1. A school or school district cannot tell you that you may not homeschool.

    2. If they do, you should reach out to your state or local homeschool organization or the HSLDA for assistance. 

  2. Paperwork and processes are regulated in the state education code. 

    1. A school or school district cannot legally request anything from you that is not in the law code. ​

    2. Be sure you know what they can and cannot ask for.

  3. There are truancy laws in every state.​

    1. Because of these laws, it is important that you follow the law and file the necessary paperwork to homeschool your child(ren).​

    2. Only law enforcement may ask for proof of homeschooling in regards to truancy laws.

Remember, public schools and school districts get paid by head count. They will not want to see you withdraw your child(ren) from public school. We have heard of cases where schools are bullying parents when they go to withdraw their students. This is not always the case, but just in case, be prepared with everything you will need to get started homeschooling. 

 

Know the law, it is on your side!