Texas Education Code For Homeschooling
Parental responsibility protected & upheld by the Texas
Constitution.
The Governor of Texas says: "In Texas, we view home
schooling as something to be respected and protected - respected
for the energy and commitment of parents; protected from the
interference of government. Texas does not index or monitor home
school programs."
This is not intended to be legal advice and is distributed
for information purposes only. At this point in time, in spite
of the title of this page, there is no education code applicable
to homeschooling in Texas. Parental responsibility is protected
& upheld by the Texas Constitution. The Texas legislature
is given authority over the public free school system only; furthermore,
the Texas Education Code is specifically designed for and applicable
only to state tax funded educational institutions, per its applicability
section which is quoted below.
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Compulsory attendance - Between 6 and 17
years of age.
- Legislature given authority over public free school system
only
- Texas Education Code specifically designed for and applicable
o state tax funded educational institutions only
- No minimum number of days taught per year.
- No testing requirements.
- No formal filing required, though recommended you tell the
school's office you are withdrawing your child.
Texas Education Code Annotated
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.001. APPLICABILITY
(a) This code applies to all educational institutions supported
in whole or in part by state tax funds unless specifically
excluded by this code.
(b) Except as provided by Chapter 19, Subchapter A, Chapter
29,or Subchapter E, Chapter 30, this code does not apply to students,
facilities, or programs under the jurisdiction of the Texas Department
of Mental Health and Mental Retardation, the Texas Youth Commission,
the Texas Department of Human Services, the Texas Department
of Criminal Justice, or any juvenile probation agency.
You are not required to file any papers
or notify anyone that you are homeschooling your children in
Texas. If they are already enrolled in a public school, you can
tell the school's office that the child is going to be homeschooled
or is going to be attending a private school. In Texas, a homeschool
is a private school. Some districts may want to give you a hard
time, but you have every legal right to homeschool without their
blessings.
HOMESCHOOL COURT CASE
GARY W. LEEPER ET AL VERSUS ARLINGTON SCHOOL DISTRICT ET AL
FINAL JUDGMENT SEPTEMBER 4TH, 1987
"It is, therefore, ordered, adjudged
and decreed that a school-age child residing in the state of
Texas who is pursuing under the direction of a parent or parents
or one standing in parental authority in or through the child's
home in a bona fide (good faith, not a sham or subterfuge) manner
a curriculum consisting of books, workbooks, or written materials
including that which appears on an electronic screen of either
a computer or video tape monitor, or any combination of the preceding
from (1) either one of a private or parochial school which exists
apart from the child home or (2) which has been developed or
obtained from any source, said curriculum designed to meet basic
education goals of reading, spelling, grammar, mathematics and
a study of good citizenship, is in attendance upon a private
or parochial school within the meaning of Section 21.033 (a)
(1) of the Texas Education Code and exempt from the requirements
of compulsory attendance at a public school . . ."
"This JUDGMENT does not preclude
the Texas Education agency, the Commissioner of Education or
the State Board of Education from suggesting to the public school
attendance officers lawful methods, including but not limited
to inquiry concerning curricula and standardized test scores,
in order to ascertain if there is compliance with the declaration
contained in this JUDGMENT. However, this JUDGMENT is not to
be interpreted as requiring standardized test scores in order
for there to be compliance with interpretation made by the court
of section 21.033 (a) (1) of the Texas Education Code . . ."
Chas. J. Murray-District Court Judge
17th Judicial District Court of Texas
Leeper Case Upheld on Appeal
On Wednesday, June 15, 1994, the Texas
Supreme Court unanimously upheld the appeal of the Arlington
v. Leeper case, which defined the current home-schooling rights
of parents in the state of Texas. In a 30 page ruling, the court
upheld the lower court rulings which said that students attending
legitimate home schools are not required to attend public schools.
The court said that the Texas Education Agency had no legal basis
for the prosecution of 150 homeschooling families and that legitimate
home schools are exempt from the state's compulsory attendance
law.
The Supreme Court agreed with the district
court's ruling that a home school was considered legitimate if
parents used some sort of curriculum consisting of books, workbooks
or other written materials and that they met "basic education
goals" by teaching reading, spelling, grammar, mathematics
and good citizenship. Once that standard is met, the state's
authority ends, although the district court said school officials
could ask home-school parents about curricula and standardized
tests.
The Supreme Court specifically said
Wednesday that the Texas Education Agency could request evidence
of standardized test, even though home-school parents are not
required to give such tests. The Court also said that any new
rules on home schools written by the State Board of Education
would be subject to judicial review. The Supreme Court also lifted,
as unnecessary, a permanent injunction barring school districts
from charging parents who educate their children at home with
criminal violations. The court said that Texas law was never
intended to criminalize home schooling and noted that home schools
were a historical practicality for many Texas families in the
20th century.
And, finally, in an 8-1 decision, the
Court upheld the ruling that the state pay $360,000 in attorney
fees for the plaintiffs. (The above article compiled from various
news sources.)
Other Resources
The
Texas Constitution Article 7 - EDUCATION
Section 1 - SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE
SCHOOLS
A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.
Texas
Education Agency
Correspondence regarding homeschooling. "The decision
rendered in Leeper vs. Arlington clearly establishes that students
who are home schooled are exempt from the compulsory attendance
requirement to the same extent as students enrolled in private
schools." Information about transferring to public school
after being homeschooled.
Return to Texas homeschooling
legal information.
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