Homeschool Laws & Legalities
Which State's Home School Laws Should I Follow?
If you have been in a state long enough to be legally required to have that state's license plate on your vehicle, or are required to have that state's driver's license, then you should also follow that state's homeschool law.
If your primary residence is in a state, you vote and pay taxes there, consider that your home state. There is no statutory definition for principal residence in the Tax Code.
What if you move around a whole lot, living in an RV or boat? Either of those would have some state's registration. When traveling out of state for extended periods, carry along copies of any homeschool legal proof your home state provides.
What if a child spends considerable time being educated at a relative's residence in another state? Determine where a child spends most of each area's school hours. If not in his home state, then file in the state where he is being educated. The other place could be considered a satellite school of the primary home school.
Think what a police officer or truant officer would first try to match up. That is what needs to all be in agreement. School districts these days tend not to have enough in their budgets to send truant officers to chase down homeschoolers who have left the district.
If you are very confused about where your legal residence is, it does no harm to file in two states, providing each with all they want. You would not get to chose to follow only the easier state's laws.
My Disclaimer
I am not a lawyer, so it is up to you to verify and interpret
the homeschool laws. I provide them
for your information only, and rely on the help of homeschoolers
in the geographic areas to assist me in keeping these laws as
correct as possible. Although I do my best to make sure these
are complete, they may not cover every circumstance of your homeschooling
situation. The Regional and
World Wide Homeschooling pages usually have links to
support group pages to help you understand how the laws are put
into practice and what you need to do to comply. Only an interpretation
of the law by a state-certified barrister should be considered
legal advice.
A to Z Articles
Declaration of Educational
Independence
By Linda Dobson, reprinted with permission. WHEN in the Course
of human Events, it becomes necessary for Families to dissolve
the Educational Bands which have connected them to a faltering
Society...
Drivers Ed
Home-based driving instruction for your homeschooling teen.
Educational Neglect
These laws could make homeschooling "educational neglect." Information about educational neglect.
Educationese for Homeschool Reports
Educationese -- or Teacherese -- is the name sometimes given to the jargon too frequently employed by some of those who train our schoolteachers.
For Teachers Who Want
to Tutor
You want to break out of public schools. How do you enter the
homeschool market?
Home School Laws & Legalities Glossary
The purpose of this page is to help you understand what a legal term in a state's home school law means you need to do, may do...or not do.
Homeschool Stationery
Directions for creating matching calling card, letterhead, and
a brochure for your homeschool.
HSLDA and HSLDA/F Consumer Information
There are many different opinions about HSLDA. If you want to
join, by all means join, just know what you are joining. It is
not a pre-paid legal insurance company.
Is Homeshooling Suddenly
Illegal In California? No!
Here is a statement that has been prepared by one of the attorneys
on the HSC legal team. September 8, 2002.
It's so much fun, it can't
be legal
But homeschooling is legal and fun for the whole family.
May a Grandmother Homeschool?
Yes, a grandmother may homeschool her grandchildren. And so may a grandfather, aunt, uncle, or older sibling, once the parents or legal guardians have set up a legal homeschool according to the laws of their state.
May I homeschool someone else's children?
There are two scenarios. The person asking is a relative, such as a grandparent, older sibling, or other relative. They will be educating their relative at no charge. The second is someone unrelated to the family and who will be receiving compensation.
Naming Your Homeschool
Consider naming your homeschool so you can appear professional.
Other Countries
How to advise families who want to homeschool in a non-English
speaking country.
Records and Reports
An Excel spreadsheet from your guide and other resources to help
you plan, record and report. Links for other reports and planners, and organizational
software.
A Tax Write-off?
Can I write off any homeschooling expenses on my taxes?
Testing Homeschoolers
Should you test? Must you test? How to find tests. Alternative
ways to prove your children are learning.
Should We Test?
| Testing Services
| Requirements Compared
| Test Results
-ACT | To
Test Gifted Kids or Not?
Things to know before
citing Case Law
Did you know? When a phrase from a court case is quoted, it makes
a big difference where the phrase was taken from the decision
of that case? by Attorney Deborah Stevenson, Executive Director
of the National Home Education Legal
Defense.
FAQ
Do You Know What Law Enables You To Homeschool?
If you don't know, you should. How else can you tell whether
the next government official who tells you that you have to do
what he says is lying or misunderstanding the law? By Deborah
Stevenson, atty.
Grading
States on Their Education Freedom
I am often asked which states are the "best" for homeschooling.
This list of the top 10 and worse 10 for academic freedoms is
probably pretty close. The Wall Street Journal, September 20,
2000.
The Informed Parent
Mary Nix is not a lawyer, nor an expert, but a parent just like you. "My family and I chose home education as our educational choice. It is a hands on process that opens up many opportunities for learning and exploring. Because it is outside of the educational norm, we also felt the need to learn about the rules that govern this choice."
Ranking
the States by Availability of Home-School Options
Report of the relative ease of homeschooling in the USA. From
the Manhattan
Institute Civic Report 2001 Education Freedom Index.
Legal Assistance
Legal Directory
By State From AHSA
List of Attorneys willing to consult with and/or represent homeschoolers:
These attorneys have indicated that they are willing to provide
legal information, consult with or represent homeschoolers on
homeschooling or other legal issues they may have in their states.
Most of these attorneys homeschool or have homeschooled their
own children.
An
interview with Deborah Stevenson
An interview with Deborah Stevenson of the National Home Education
Legal Defense (NHELD) about the threats facing homeschooling
parents. by Judy Aron - HEM J/A 05. Part
2 - HEM S/O 05.
Legislation
Homeschool Watch
A place where articles, incidents and current legislation impacting
homeschoolers can be posted and practically discussed. The list
purpose is to efficiently inform, network and support the efforts
of homeschoolers across the nation to keep homeschooling free.
This is intended to be a list for homeschoolers actively working
on legislative issues and not a theoretical debate society.
Recent
State Policies/Activities - Homeschooling
The following summary includes policies enacted since 1999. Summaries
are collected from StateNet, Lexis-Nexis, state
Web sites and state newsletters. StateNet and Lexis-Nexis
descriptions reflect the content of bills as introduced and may
not reflect changes made during the legislative process. [I've
been told the Oregon update here is incorrect.]
Taking Charge
Larry and Susan Kaseman have regular columns in Home Education
Magazine that usually concern some controversial topic about
the homeschool movement.
The Wild and Free Pigs of Okefenokee Swamp
The parable of the pigs has a serious moral lesson. This story is about federal money being used to bait, trap and enslave a once free and independent people.
Links
Complying With Regulations
How to unschool and meet state record keeping requirements.
Content Standards
If your state requires something like "instruction equivalent
to the public schools," then check these state content standards
to see just what they are.
Legal Cases
Reports of legal cases and precedents set involving homeschool
families.
Legal Resources
Know your rights! Should you have a legal question, check this
page.
Portfolios
Creating portfolios for personal use, jobs or for getting into college.
Regional and World Wide
Associations and local support groups can provide you with their
interpretations of homeschooling laws regarding compulsory attendance,
and how you can best comply.
Special Needs Legal Advocacy
Homeschooling children with special needs sometimes requires
special advocacy in some states.
Support Groups
Where do you find and make homeschooling friends? How do support
groups work? Tips for organizing support group activities.
Transcripts
Help interpreting your high school-level work to make into transcripts
for college applications.
Mail Lists
AHSA-USA_Homeschooling_and_Custody
This list is an opportunity for homeschoolers involved in custody
issues to contact other homeschoolers for information about homeschooling
attorneys and experts, as well as exchange ideas and information
about handling custody disputes as a result of homeschooling.
Association of Homeschool Attorneys
This association is a network of attorneys and legal experts
that are concerned with litigation pending and threatened against
homeschoolers. Moderated by Linda J. Conrad Jansen, an attorney
and Legal/Legislative Chair of the HomeSchool Association of
California. Website has List
of Attorneys willing to consult with and/or represent homeschoolers.
Referrals
InSITE
Vol. 6, no. 13, A Service of Cornell Law Library
The law librarians at Cornell evaluate potentially useful Web sites, select the most valuable ones, and provide commentary
and subject access to them. The have recommended the A to Z Homeschool Law pages since 2001.
Social Security
Social Security Benefits
The SSA has no education requirements for children under the
age of 18 who would otherwise be eligible for Social Security
benefits. SSA Handbook 323.
§404.367
When you are a "full-time elementary or secondary school
student."
You are instructed in elementary or secondary education at home
in accordance with a home school law of the State or other jurisdiction
in which you reside.
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