Federal and State Laws for Homeschoolers

Millions of children in the United States are homeschooled. It is projected by the Home School Legal Defense Association (HSLDA) that by 2015 this number will reach over 12 million. The United States Constitution does not have specific laws concerning education; each state has its own laws concerning homeschooling and governs its education. So, you will only have to learn the laws for your individual state if you’ve considered homeschooling your children.

Laws on homeschooling vary from state to state. Each state has a mandate to provide an education for its students; many states delegate that authority to the state’s Board of Education. It is ensured by the state Board of Education that every child receives an adequate education. The Equal Education Opportunities Act of 1974, a Federal law, was passed because of this mandate. By law, no state can deny any child an education based on their race, color, sex, or national origin. In other words, within every state, every child is guaranteed an education.

While states cannot deny a child an education, it is ultimately up to the parent to choose where that child will attend school - whether public school, private school, or homeschool. Public schools, and some private schools, are regulated by the state. However, since a large percentage of homeschool families do so for religious reasons, there are often few regulations for homeschools.

One state law that appears to be universal is the requirement for children to attend school in some fashion during set compulsory ages. These ages, however, may be different in each state. Some states require children to be in school from 5 to 17, others 7 to 16; it just depends on the state’s laws. To determine what your state’s compulsory ages are you can search the internet, or contact HSLDA.

Home School Legal Defense Association, National Home Education Network, and other websites on the Internet, list the homeschool laws for each state. If you choose to homeschool, it would be advantageous to learn your state’s laws. After you have begun to homeschool, if you move to another state, especially if you are a military family, you can go back to these sites to find the laws for the new state.

Throughout the length of a soldier’s career, military families often move several times. To guarantee continuity in their children’s education, many are choosing to homeschool. Often internationally, a military family that homeschools can continue their child’s education without fear of negative impact rather than transferring a child from one school to another.

Choosing to homeschool is not always an easy decision to make. However, it is legal in each of the fifty states. You may have to register your intent to homeschool with your local board of education or you may have to turn in portfolios. Whatever your state requires, just remember that you are allowed by law to homeschool your child, and that there are places to turn if you have questions.