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Is Homeschooling Legal?
School attendance is compulsory in the United States. So, how do homeschoolers do what they do? Do 
homeschoolers have to report to anyone? Must they use a state-approved, standardized curriculum? Is it necessary that homeschool teachers be certified? Is homeschooling even legal?
The simple answer is…YES! Homeschooling is legal in all fifty states. But, that is where the simple answer ends. The Constitution gives the power to regulate education to the states. Thus, the individual states must decide how they define and regulate schools and what standards they will set for a child’s education. Consequently, homeschooling looks different depending on where you live. Across the country, there are varying degrees of regulations and requirements that homeschoolers must follow in order to stay within the law. Some states, such as Texas, require little of homeschoolers. Others, like Rhode Island, place a heavy burden on homeschool families to mimic public schools and may require strict adherence to certain standards and records keeping.
Gaining Knowledge about homeschool legal issues is about gaining confidence so you do not operate in fear. Statistically, it is rare for homeschool families to face serious legal battles in the new millennium. However, the threat of harassment by unknowledgeable neighbors, truant officers, and CPS workers is very real. Understanding and following the law will ensure that, even in the rare case that someone challenges you, you will be prepared.
The Issues surrounding the legality of homeschooling are complex. On the judicial front are constitutional concerns of religious freedom and privacy. Most volatile is the discussion concerning parental vs. state authority. Your ability to be the primary decision maker concerning your child’s education is fundamental to this debate. Many people feel, rightly or wrongly, that they have an interest in your decision to homeschool. The Supreme Court has affirmed the right for parents to make these decisions stating, “The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional duties." Even with this strong statement, there is some inconsistency in lower court rulings.
Do Not Rely on local officials to give you correct information. Legislation and case law are constantly changing; making is difficult for teachers, administrators, and truant officers to keep up. And, school districts often do not adequately educate their people on these issues, which means there are a lot of people interpreting the law willy-nilly! It is not uncommon for homeschool families to know more than these local officials. Even within districts there can be disagreement concerning how a law should be interpreted. It is essential that you take responsibility to stay abreast of the current climate.
Educate Yourself by learning the homeschool laws for your state. Government websites and the local library are two great places to start. Get your hands on a copy of the statues and read them for yourself. The following are helpful links concerned with homeschool law.
Homeschool Legal Defense Association
National Home Education Legal Defense
Association of Homeschool Attorneys
7 Pierce v. Society of the Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 535, 45 S.Ct. 571, 573, 69 L.Ed. 1070 (1925)
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